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State v. Eady12/4/2001
Assigned on Briefs May 23, 2001
The Defendant was convicted by a Bradley County jury of second degree murder. The trial court sentenced him as a Range I standard offender to twenty-five years' incarceration. In this appeal as of right, the Defendant argues (1) that insufficient evidence was presented at trial to support his conviction; (2) that the trial court erred by failing to suppress his statement to police; (3) that the trial court erred by allowing into evidence autopsy photographs of the victim; (4) that the jury considered extraneous facts during deliberation and that the trial court erred in the manner in which it conducted a post-trial voir dire of the jury concerning this matter; and (5) that he was improperly sentenced. Having reviewed the record, we conclude (1) that sufficient evidence was presented to support the Defendant's conviction for second degree murder; (2) that the trial court did not err by allowing the Defendant's statement into evidence; (3) that the trial court did not err by admitting into evidence autopsy photographs of the victim; (4) that the record does not support the Defendant's allegation that jurors in his case were influenced by extraneous information and that the manner in which the trial court conducted a post-trial voir dire of the jurors concerning this matter was not improper; and (5) that the Defendant was properly sentenced. We thus affirm the judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Criminal Court Affirmed
Robert W. Wedemeyer, J., delivered the opinion of the court, in which Gary R. Wade, P.J., and Thomas T. Woodall, J., joined.
OPINION
In November 1997, the Bradley County Grand Jury indicted the Defendant, Donald Ray Eady, Jr., for one count of second degree murder. In July 1998, following a trial, a Bradley County jury found the Defendant guilty of the indicted offense. The trial court sentenced the Defendant as a Range I standard offender to twenty-five years' incarceration. The Defendant now appeals his conviction and sentence, raising the following issues for our review: (1) whether sufficient evidence was presented at trial to support the Defendant's conviction; (2) whether the trial court erred by failing to suppress the Defendant's statement; (3) whether the trial court erred by allowing into evidence autopsy photographs of the victim; (4) whether the jury considered extraneous facts during deliberation and whether the trial court improperly conducted a post-trial voir dire of the jury concerning this issue; and (5) whether the trial court failed to consider appropriate mitigating factors in sentencing the Defendant. Having thoroughly reviewed the record in this case, we affirm the judgment of the trial court.
I. FACTS
The first witness to testify at the Defendant's trial was Officer David O'Boyle of the Bradley County Sheriff's Office. O'Boyle testified that on the evening of October 25, 1997, he was patrolling the eastern part of Bradley County when he received a dispatch "stating that . . . somebody was trying to give CPR [cardiopulmonary resuscitation] to a gentleman laying on Osment Road." O'Boyle testified that when he arrived at the scene, it was dark and "raining moderately." At the scene, he saw a gray car with the driver's side door open. Next to the car, he observed a "white female sort of hanging over an individual laying on the ground." The woman, later identified as Tracey Green, was attempting to perform CPR on the man on the ground, the victim in this case, while "yelling and screaming" at him. O'Boyle noticed that the victim had bruising on his chest, that "there were some blood marks," that the victim was
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