STATE OF TENNESSEE v. JOHN W. SMITH - Articles

All Content

STATE OF TENNESSEE v. JOHN W. SMITH

Posted by: Azya Thornton on Sep 10, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Paul D. Cross and Howell G. Clements, Monteagle, Tennessee, for the appellant, John W. Smith.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Lacy E. Wilber, Senior Assistant Attorney General; Courtney Lynch, District Attorney General; and Steve Strain and Taffy Wilson, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): DYER

A Grundy County jury convicted the defendant, John W. Smith, of one count of first-degree murder, one count of attempted first-degree murder, one count of attempted second-degree murder, one count of aggravated assault, and eight counts of reckless endangerment, for which he received an effective sentence of life imprisonment plus twenty-two years. On appeal, the defendant contends the evidence presented at trial was insufficient to support his convictions. The defendant also argues the trial court erred in admitting the 911 calls, in refusing to admit Jerome Powell’s statement that “she had her gun then,” and in imposing an excessive sentence. Following our review, we affirm the defendant’s convictions. However, we reverse the imposition of consecutive sentences and remand to the trial court for a new sentencing hearing for consideration of the consecutive sentencing factors outlined in State v. Wilkerson, 905 S.W.2d 933 (Tenn. 1995). We also remand for corrected judgment forms in counts five, fourteen, and fifteen.

Attachments: