State v. Pulliam

950 S.W.2d 360, 1996 Tenn. Crim. App. LEXIS 672
CourtCourt of Criminal Appeals of Tennessee
DecidedOctober 22, 1996
StatusPublished
Cited by89 cases

This text of 950 S.W.2d 360 (State v. Pulliam) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Pulliam, 950 S.W.2d 360, 1996 Tenn. Crim. App. LEXIS 672 (Tenn. Ct. App. 1996).

Opinion

OPINION

HAYES, Judge.

The appellant, Terrance B. Pulliam, was convicted by a Shelby County jury of premeditated first degree murder. The trial court sentenced the appellant to life imprisonment. On appeal, the appellant raises the following three issues:

(1) whether the trial court erroneously admitted expert testimony;
(2) whether the evidence is sufficient to support his conviction; and
(3) whether the prosecutor engaged in misconduct during closing argument.

Following a review of the record, we affirm the judgment of the trial court.

*362 FACTUAL BACKGROUND

Testimony at trial revealed that the victim, Lee Franklin, was approximately twenty years old at the time of his death. He lived in Memphis with his mother, Beverly Franklin, and his younger brother, Marcus Franklin. He worked as a cashier and bagged groceries at a local grocery store and unloaded trucks at Roadway Truck Line, while studying to be an aircraft mechanic at Spartan School of Aeronautics and Millington School of Aeronautics. He had previously attended one year of college in Oklahoma.

The conflict between the appellant and Lee Franklin began in July, 1992, when the appellant shot Franklin’s brother. Following this incident, according to the State’s witnesses, Franklin and the appellant occasionally engaged in verbal altercations. On October 2, 1993, at approximately 12:45 a.m., Franklin, his cousin Cameron Aldridge, and a Mend Robert Barr, went to Club Memphis to socialize and dance. None of the group drank while at Club Memphis, as the Club does not serve alcohol to those under twenty-one. The group left the Club at approximately 3:20 a.m. to return home. As they entered the parking lot, they encountered another acquaintance, Christopher Body. Body informed Lee Franklin that he had seen the appellant in the parking lot. At this point, Aldridge got into Body’s car. Body then circled the parking lot and backed his ear into a space adjacent to Franklin’s Ford Bronco. The Ford Bronco was parked facing the sidewalk and the street. Franklin and Barr walked toward the Bronco. Barr noticed that the front passenger window of the Bronco had been broken while the group had been inside the Club. As he and Franklin approached the Bronco, the appellant’s car hit Franklin at an approximate speed of 30 to 40 miles per hour. The appellant then jumped from his car and fired his gun approximately three times in Franklin’s direction. Barr testified that the gun was “[sjome kind of like a black automatic — like a little automatic .25 — anywhere from ,25-.32 automatic; something like that.” Franklin attempted to run, but fell to the grass in front of his Bronco and rolled onto the sidewalk. The appellant drove out of the parking lot and turned onto the street in front of the Bronco. At this point, Franklin indicated to Robert Barr that he had been shot. Robert Barr testified, “So when [Franklin] said T been shot’ that’s when [the appellant] stops in the middle of the street, comes, like, over to the passenger’s side [of his vehicle], aims out, shoots again.” Cameron Aldridge testified that, as the appellant shot at Franklin a second time, he said, “If I didn’t get you this time, I got you this time, boy.” According to the State’s witnesses, neither Franklin nor his companions were armed.

Dr. O.C. Smith, an assistant medical examiner for Shelby County, testified that, prior to his death, Lee Franklin suffered several injuries to the head, including abrasions and a bruise on the left forehead and abrasions on the left cheekbone and jaw. He died as a result of a gunshot wound to the chest. The bullet struck Franklin behind his left arm, penetrated the skin, fractured the left sixth rib, entered the left lung, proceeded through the heart, bruised the right lung, and broke the cartilage portion of his right fifth rib. Dr. Smith testified that the results of both the blood alcohol test and a blood drug screen were negative.

Dr. Smith retrieved a bullet from Franklin’s body. He testified that the bullet appeared to have been fired from either a .38 caliber revolver or a .357 magnum revolver. The bullet was a hollow-point bullet. Smith additionally stated that hollow point bullets are manufactured for the purpose of creating more tissue damage along the wound track. However, he -opined that the bullet is not, in reality, a more effective bullet.

Officer Jimmy L. Daniels testified that, on the morning of the shooting, he participated in the collection of evidence at the crime scene. The police recovered various items, including two 380 caliber live rounds and a 9 mm casing. The police did not confiscate any guns at the crime scene.

Montreal Reed, a good Mend of the appellant, testified on behalf of the appellant. He testified that, in September, 1993, he witnessed an attempt by Franklin to run over the appellant. On October 2, 1993, the day before the appellant shot Lee Franklin, Reed observed Franklin engage in a high-speed *363 chase of the appellant, while shooting at the appellant. According to Reed, his girlfriend, Shantay Briggs, also witnessed both incidents. Reed conceded on cross-examination that nobody called the police following either incident. Shantay Briggs testified that, on October 2, 1993, Franklin, armed with a gun, initiated a car chase of the appellant. She did not mention the September incident.

Carl Berry, the appellant’s stepfather, testified that, in 1992, the appellant was in a “group home,” serving a sentence for the shooting of Marcus Franklin. The appellant was allowed to return home on weekends and holidays. Berry recounted that, on Thanksgiving, 1992, the appellant was again at home. He went to the store immediately prior to Thanksgiving dinner. Following the appellant’s return, Lee Franklin and two members of his family arrived. One of the men informed Berry that he was looking for the appellant. This man further stated that he was “tired” of the appellant and intended to kill him. Berry overheard Franklin tell the man at the door to shoot Berry. Berry shut the door and called the police. Berry further testified that, on Easter day, 1993, or in the early morning hours of the following day, Lee Franklin followed the appellant home and broke the glass in Berry’s storm door. Finally, Berry testified that he was certain that his stepson had not kept any weapons in the house, because he had checked the appellant’s belongings daily.

Terry Dickens, Montreal Reed’s brother, also testified on behalf of the appellant. He had known the appellant for four or five years. On the night of October 2, 1993, he and the appellant visited some female acquaintances. As they were returning home, they encountered another acquaintance who asked for a ride to Club Memphis. At Club Memphis, Dickens and the appellant lingered in the parking lot. When they began to leave, Lee Franklin stepped in front of the appellant’s car. According to Dickens, Franklin told a friend to obtain his gun. Dickens then ducked his head down. The appellant pulled a gun from underneath his seat. Dickens heard one shot, and he and the appellant drove away. On cross-examination, Dickens testified that the appellant had informed him earlier that evening that he was carrying a .38 caliber revolver. According to Dickens, the appellant indicated that he needed the gun for protection.

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Cite This Page — Counsel Stack

Bluebook (online)
950 S.W.2d 360, 1996 Tenn. Crim. App. LEXIS 672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pulliam-tenncrimapp-1996.