State v. Reed6/25/2002
On November 3, 1997, the defendant, Ricky Ray Reed, Jr., was indicted for first degree murder for the March 11, 1997, killing of the victim, Tony Terrell Moss. A jury convicted him of second degree murder, a Class A felony, on May 5, 1998, and assessed a $50,000 fine. The trial court sentenced him as a violent offender to twenty years at 100% in the Tennessee Department of Correction. The defendant did not file a motion for a new trial or a notice of appeal.
On August 16, 1999, the defendant, utilizing a United States District Court form, filed a petition for writ of habeas corpus, arguing that the State violated his constitutional rights by failing to disclose favorable evidence to him. The trial court dismissed the petition on September 9, 1999, and no appeal was filed. On June 25, 2001, the defendant filed a pro se petition for post-conviction relief, requesting a delayed appeal of his conviction and arguing that he was denied his right to appellate review under Tennessee Rule of Criminal Procedure 37(d) and (e), that he received ineffective assistance of counsel, and that he was denied due process. On July 5, 2001, the post-conviction court allowed the defendant to file a delayed motion for a new trial within thirty days and appointed the public defender's office to represent the defendant. The defendant timely filed a motion for judgment of acquittal and new trial, arguing that (1) the elements of second degree murder were not proven beyond reasonable doubt, (2) the evidence was insufficient to support his conviction for second degree murder, (3) the verdict of the jury was contrary to the law and the evidence, and (4) the sentence imposed by the court was excessive. The court denied this motion on August 9, 2001, and the defendant timely appealed. We conclude that the trial court properly denied the defendant's motion and the evidence was sufficient to convict the defendant of second degree murder.
FACTS
On March 11, 1997, the defendant and his cousin, Billy Grandberry, were driving around Covington, Tennessee, when the defendant pulled up behind Corey Dean's parked car. The defendant pointed a shotgun at Dean, and once Dean saw the gun, he got in his car and tried to escape. The defendant followed Dean for a few minutes and then saw the victim, Tony Moss, and Dwayne Draine drive by. At that point, the defendant stopped following Dean and started following the victim and Draine. The defendant flashed money at the two men in an attempt to get them to stop.
The defendant, shotgun in hand, yelled at the victim and Draine to give him all of their money. Grandberry tried unsuccessfully to get the defendant to calm down. Because of the defendant's violent behavior, Grandberry exited the defendant's car at the next stop sign. The victim and Draine drove off, thinking that they finally had gotten away from the defendant. However, when the victim and Draine parked outside their home a few minutes later, the defendant suddenly appeared, pulled up beside their vehicle, stuck his shotgun out of the passenger window of his car, and shot the victim in the mouth.
At trial, the State's first witness was Rosie Williams, the victim's mother, who testified that the victim was 23 years old at the time of his death on March 11, 1997. She said he had two surviving children, one of whom was born one month after he was killed.
Billy Lee Grandberry, the defendant's first cousin, testified that on March 11, 1997, he and the defendant were riding around Covington in the defendant's mother's car, with the defendant driving and Grandberry riding in the passenger seat. Grandberry noticed that the defendant had bloodshot eyes and only talked to him when h
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