Head Comment: Correction: In footnote 1 on page 4, the last sentence was changed to: “At trial, she answered affirmatively when asked if she was “real confident” that the item was a phone. However, Ms. Crowe also admitted that she was inconsistent in her statements about whether the item was a phone. She testified she helped officers try to pinpoint the location near where Defendant threw the item out of the car. “ In the first paragraph on page 5, the following sentence was added: “At some point Mr. Felton told ‘police that his phone case was a “Memphis Tigers blue case.” In the first paragraph on page 6 (continuing paragraph from page 5), the following sentences were added: “One wallet and three phones were found in the truck. One of the phones was “on the dash and two [phones] were in the glove compartment.” The phone on the dash belonged to the victim.” On page 11, in the first paragraph (continuing paragraph from page 10), the following was added: “Ms. Crowe testified that she did not see Defendant take anything from anyone and could not explain how Defendant came to possess the backpack. Defendant was quiet and said he was “sorry” when he returned to the car. As they drove away, Defendant threw what Ms. Crowe thought was a blue cellphone out the window. Christopher Felton, the driver of the truck in which the victim was shot, told police that he had a cellphone with a blue Memphis Tigers case. The jury heard Ms. Crowe’s inconsistent statements about whether the item was a phone and, by their verdict, must have believed her testimony.” The second paragraph on page 11 was added: “To the extent Defendant argues that the proof did not show he took anything from the victim, the jury heard evidence that the victim had the backpack before his death and that a phone with a blue case was in the truck before the victim was shot. The jury is charged with resolving questions involving the credibility of the witnesses and the weight and value to be given to evidence, as well as all factual disputes raised by such evidence. Bland, 958 S.W.2d at 659; Pruett, 788 S.W.2d at 410. The evidence was sufficient to support the verdict.”

Court: TN Court of Criminal Appeals

Attorneys 1: Mitchell A. Raines, Assistant Public Defender – Appellate Division, Franklin, Tennessee (on appeal), and Thomas A. Maynard, Taylor Michael Durrett, and Christopher Henry Reynolds, Lebanon, Tennessee (at trial), for the appellant, Johnathan V. Duncan.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; William C. Lundy, Assistant Attorney General; Jason L. Lawson, District Attorney General; and Justin Harris and Thomas Harwell Swink, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): EASTER