State of Tennessee v. Ytockie Fuller aka Yteikie Washington
W2015-00965-CCA-R3-CD
| Tenn. Crim. App. | Nov 15, 2016Background
- Victim Aljernon Lloyd, Jr. was shot in the face and later died; defendant Ytockie Fuller (aka Yteikie Washington) was convicted of first‑degree murder and possession of a firearm after a felony.
- Incident: victim parked at companion Katherine Dickerson’s house; defendant arrived, argued, pulled a concealed .40 cal pistol, approached the unarmed victim, and a gunshot occurred; defendant fled.
- A recorded phone call from an inmate (Steve McCorry) captured the victim saying, “hold up, this man’s got a pistol,” during the confrontation; recording was played at trial.
- Forensic evidence: .40 caliber bullet and shell casing matched the same semi‑automatic gun; autopsy showed bullet trajectory consistent with someone standing over the victim.
- Defendant admitted carrying the gun, claimed the shooting was accidental/self‑defense after the victim struck him with the car and they struggled over the weapon; he turned himself in two days later.
- Trial court admitted the phone call under the excited‑utterance exception; jury convicted and court imposed life without parole for murder plus consecutive eight years for firearm possession.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of victim’s statements in recorded phone call | Statements are admissible as excited utterances under Tenn. R. Evid. 803(2) | Statements are hearsay, not excited utterances (or alternatively dying declaration) | Admitted: trial court’s findings supported; excited‑utterance exception applies |
| Multiple playings of the phone call inflamed jury | Not at issue for State (or preserved) | Multiple/graphic playings inflamed jury and prejudiced defendant | Waived/lack of record/legal authority; issue not preserved; rejected |
| Sufficiency of evidence for first‑degree murder (premeditation) | Evidence (recording, witness testimony, use of deadly weapon on unarmed victim, flight) supports premeditation and murder conviction | Shooting was accidental during struggle after being struck by victim’s car; no proof of premeditation | Conviction affirmed: evidence, viewed in light most favorable to State, permits rational juror to find premeditation and intent |
Key Cases Cited
- Kendrick v. State, 454 S.W.3d 450 (Tenn. 2015) (articulates three‑part excited‑utterance test and appellate review standard)
- Jackson v. Virginia, 443 U.S. 307 (1979) (standard for appellate review of sufficiency of the evidence)
- State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (factors supporting premeditation)
- State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (standard that appellate court must not reweigh evidence; sufficiency review applies equally to circumstantial evidence)