State v. Bonds
2016 Tenn. Crim. App. LEXIS 266
| Tenn. Crim. App. | 2015Background
- Four defendants were tried jointly in Knox County for attempted second degree murder, aggravated assault, and gun possession during a dangerous felony; underlying offenses were argued as criminal gang offenses with a Section 40-35-121 enhancement.
- The jury convicted Bonds, Bishop, Sullivan, and Robinson of the underlying offenses; Bonds, Bishop, and Sullivan received gang enhancements while Robinson did not.
- The State presented extensive gang-related evidence, including a “beat out” incident where the victim, a former gang member, was severely beaten by the Five Deuce Hoover Crips; the victim required lengthy emergency and rehabilitative care.
- A gang expert testified regarding gang structure, initiation/expulsion rituals, and gang symbols; several lineups and identifications were introduced at trial.
- The trial court sentenced Bonds, Bishop, and Sullivan with enhanced punishment under the gang statute; Robinson received a standard sentence.
- The Court reverses and remands for a new guilt phase on the gang-enhanced offenses because the gang enhancement statute lacks a constitutionally required nexus between gang membership and the underlying offenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Continuing direct examination after state announced completion | State argued continued direct examination was proper; no prejudice shown | Defendants argued prejudicial error from recall | No reversible error; no prejudice shown beyond inherent incrimination risk |
| Pre-trial identifications admissibility | Identifications were admissible under hearsay exception at trial and suppression hearing | Identifications were impermissibly obtained and unreliable | Identifications properly admitted; no Confrontation Clause violation at trial; suppression ruling upheld |
| Nursing expert testimony on injuries | Nurse's testimony was within her expertise and helpful to understanding injuries | Testimony exceeded nursing scope and reliability standards | Testimony properly admitted under Rule 702/703; gateway gatekeeping respected |
| Gang expert testimony and gang file relevance | Gang expert testimony aided understanding of gang structure and intent | Testimony and gang file violated Confrontation Clause; prejudicial | Gang enhancement proceedings framed as guilt-phase extension; reversal due to Confrontation Clause concerns; new trial on gang enhancements required |
| Constitutionality and application of § 40-35-121(b) (due process) | Law provides enhanced punishment for gang membership in certain cases | Statute lacks nexus between underlying offense and gang membership; unconstitutional as applied and facially | Statute violates due process for lack of nexus; subsections with nexus survive; remand for new trial on underlying offenses |
| Closing arguments during gang enhancement phase | Closing arguments allowed; phase treated as enhancement | Defendants denied opportunity to close argue during enhancement phase | Remand for proper closing arguments during gang enhancement phase |
Key Cases Cited
- State v. Dotson, 450 S.W.3d 1 (Tenn. 2014) (Confrontation Clause limits testimonial statements of absent witnesses)
- State v. Crank, 468 S.W.3d 15 (Tenn. 2015) (as-applied challenge; nexus considerations in gang statutes)
- State v. Reid, 91 S.W.3d 247 (Tenn. 2002) (standard for sufficiency of evidence and appellate review of credibility)
- McAlister v. State, 751 S.W.2d 436 (Tenn.Crim.App. 1987) (recall of witness and abuse of discretion standard)
- State v. Shuck, 953 S.W.2d 662 (Tenn. 1997) (abuse of discretion and expert testimony standards)