State of Tennessee v. Marlo Davis

Summary

The Tennessee Supreme Court affirmed the defendant's second-degree murder conviction, holding that the trial court properly admitted a witness's prior statement and preliminary-hearing testimony as substantive evidence and that any error concerning the witness's unavailability was harmless. The Court also held that the evidence was sufficient to support the conviction and that inconsistent verdicts on alternative counts did not warrant relief or violate double-jeopardy principles because the reckless-homicide verdict merged into the second-degree murder conviction. Chief Justice Lee, concurring, agreed with the result but criticized the lengthy delay before trial and its effect on witness memory and the evidentiary issues.