Haire v. State5/3/2005
The petitioner stands convicted of second degree murder and facilitation of attempted second degree murder, see Tenn. Code Ann. §§ 39-13-210, 39-11-403(a) (2003), and is presently serving an effective twenty-five-year sentence for these convictions. See State v. Chris Haire, No. E2000-01636-CCA-R3-CD, slip op. at 1 (Tenn. Crim. App., Knoxville, Jan. 22, 2002). The following summarizes the evidence presented at the petitioner's trial as recounted by this court in Chris Haire.
In the early morning hours of January 30, 1998, the petitioner shot and killed Michael Hite; the petitioner's friend, John Newberry, shot and injured Mark Allen. Chris Haire, slip op. at 1. Earlier, at approximately midnight, observers noted that the petitioner and Newberry were extremely intoxicated. Id., slip op. at 2. Dee Dee Miller, a friend of both the petitioner and his wife, testified that Newberry brandished a gun that evening and that she persuaded him to give it to her to prevent anyone from getting hurt. Id. However, Ashley Cranfield was later persuaded to bring the gun to the petitioner's residence. Id., slip op. at 2-3. At approximately 3:00 a.m., the petitioner and Newberry went to Michael Hite and Jeremy Stakeley's trailer. Id., slip op. at 3. Mark Allen and Barry Wade, who had been drinking at the trailer, had opted to stay and sleep on the sleeper sofa. Id. Jeremy Stakeley was at work and was not expected to return until morning. Id. Apparently, Allen, Wade, Newberry, and the petitioner watched television for a while, during which time Hite was asleep in his bedroom. Id., slip op. at 4. The petitioner was stumbling between the bathroom and Hite's bedroom when the other men heard a shot. Id. Apparently, the petitioner shot Hite in the head while he was asleep in his bed, and the shot killed Hite instantly. Id. Two shots were then fired in the direction of Allen and Wade, and Wade ran into a bedroom to hide. Id. Allen tackled the petitioner and wrestled the gun from the petitioner's hands, at which time Newberry took possession of the gun. Id. When Allen attempted to leave to summon help, Newberry shot Allen in the head. Id. Allen pretended to be dead until the petitioner and Newberry left, and then he went back inside the trailer to look for a telephone. Id. Wade then found Allen and took him to the hospital. Id.
When the police located the petitioner at 6:00 a.m. that morning, the petitioner was laying motionless on a bed. Id., slip op. at 5. The petitioner's eyes were open, but he was unresponsive and only awoke when the police moved him off the bed, at which time he became verbally abusive. Id. The police took a photograph of the petitioner, who grinned at the camera as the picture was taken. Id. The petitioner was taken to a local hospital, where his blood was drawn at 7:40 a.m. Id. At that time, the petitioner's blood alcohol level was .20 percent. Id. Further tests determined that both Newberry and the petitioner had gunshot residue on their hands. Id.
At trial, Dr. Ronald Toolsie, who autopsied Hite's body, testified that the shooting of Hite was not accidental. Id. Additionally, during cross-examination of the petitioner's wife, the state elicited from her that she had originally told the police that on the night of the shootings the petitioner had accused her of having an affair with Allen. Id. Based on this evidence, the jury found the petitioner guilty of second degree murder and facilitation of attempted second degree murder. Id., slip op. at 6.
The petitioner appealed his convictions and sentence, and this court affirmed the trial court's judgments. Id., slip op. at 26-27. The petitioner then filed a post-conviction petition, and the post-conviction court condu
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