STATE OF TENNESSEE v. CLARENCE M. PORTER - Articles

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STATE OF TENNESSEE v. CLARENCE M. PORTER

Posted by: Azya Thornton on Mar 4, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Brennan M. Wingerter, Assistant Public Defender – Appellate Division (on appeal), Franklin, Tennessee, and Kim Nelson, District Public Defender and Harold D. Balcom, Jr. and Joe Norris (at trial), Assistant Public Defenders, Kingston, Tennessee, for the appellant, Clarence M. Porter.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Christian N. Clase and Katherine C. Redding, Assistant Attorneys General; Russell Johnson, District Attorney General; and Robert Edwards and Jed Bassett, Assistant District Attorneys General, for the appellee, State of Tennessee

Judge(s): AYERS

Defendant, Clarence M. Porter, was convicted by a Loudon County jury of two counts of felony murder, one count of theft of property under $1,000, and one count of especially aggravated robbery. He was also charged with possession of a handgun by a convicted felon, but following a bifurcated trial, that charge was dismissed by the trial court. The trial court imposed an effective life sentence for the felony murder, theft, and especially aggravated robbery convictions. Defendant argues that the trial court erred in admitting a hearsay statement by a co-defendant because the State failed to prove that Defendant was involved in a conspiracy with co-defendants; that the evidence was insufficient to support his convictions because there was no independent proof to corroborate accomplice testimony and the State failed to prove that he was criminally responsible for the actions of his co-defendants or that he independently possessed any criminal intent to commit the charged offenses; that the trial court erred in allowing the State’s lead investigator to reference the Chattanooga Police Department’s “street gangs unit;” and that the State committed prosecutorial misconduct during closing argument. Following our review of the entire record and the oral arguments and briefs of the parties, we determine that the trial court erred in admitting hearsay evidence. Further, following State v. Thomas, 687 S.W.3d 223, (Tenn. 2024), because the accomplice testimony was not sufficiently corroborated, we find that the evidence is insufficient to sustain Defendant’s convictions. Accordingly, we reverse the judgments of the trial court and dismiss the charges against Defendant.

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