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State v. Morris2/5/1999
The appellant, in this capital case, Farris Genner Morris, Jr., was convicted by a Madison County jury of two counts of first degree murder in the deaths of Erica Hurd and Charles Ragland and the aggravated rape of Angela Ragland. At the sentencing hearing for the premeditated murder convictions, the jury sentenced the appellant to death by electrocution for the death of fifteen year old Erica Hurd and to life without the possibility of parole for the death of Charles Ragland. In fixing the appellant's punishment at death for the murder of Erica Hurd, the jury found two aggravating circumstances: (1) the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death and (2) the murder was committed while the appellant was engaged in committing "first degree murder, rape, burglary or kidnapping." Tenn. Code Ann. § 39-13-204(i)(5) and (7) (1991). At a separate sentencing hearing, the trial court imposed a sentence of twenty-five years for the aggravated rape conviction and ordered the appellant to serve this sentence consecutive to his sentence of life without the possibility of parole. The court further ordered that these sentences run concurrent with the appellant's sentence of death by electrocution.
In this appeal as of right, the appellant raises the following issues for our review:
I. Whether the trial court erred in denying the appellant's motion to suppress his statement to law enforcement officials;
II. Whether the trial court's exclusion of two jurors for cause violated Witherspoon;
III. Whether the evidence was sufficient to establish that the appellant had the requisite culpable mental state to sustain his convictions for the premeditated first degree murders of Erica Hurd and Charles Ragland and whether the evidence was sufficient to support his sentence of death by electrocution;
IV. Whether the trial court properly admitted testimony regarding the appellant's statements of his future intent to kill Eckford, rob a bank, and leave town and allegations of his involvement in another rape incident;
V. Whether the photographs of victim Erica Hurd introduced at the sentencing phase were more prejudicial than probative;
VI. Whether the State committed prejudicial error during its closing argument at the sentencing phase by arguing about the pain of the families of the victims;
VII. Whether a separate jury should have determined the appellant's sentence; and
VIII. Whether Tennessee's death penalty statute is constitutional.
Having carefully considered the appellant's claims, we find no error of law requiring reversal. Accordingly, we affirm the appellant's convictions, his sentences, and the imposition of the death penalty in this case.
Background
A. Guilt/Innocence Phase
In September 1994, twenty-one year old Angela Ragland lived with her husband of six months, Charles, in a duplex located at 120 Ridgemont in Jackson, Tennessee. On September 16, Charles Ragland made plans to socialize with a few friends at the Mary-Lane Courts Project in Jackson. Because she did not like to stay at home by herself, Angela Ragland visited her aunt and uncle, Charlie and Virginia Hurd, who also lived in Jackson. She stayed at the Hurds' home watching television with her family until approximately 3:00 a.m. when she decided to go home. Erica Hurd, Angela's fifteen year old cousin, who wanted to spend the night at the Raglands' Ridgemont duplex, left with Angela. The two drove back to the Ridgemont duplex in Angela's car. At home, Angela parked her car in front o
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