State v. Blanton

Decision Date15 June 1998
Citation975 S.W.2d 269
PartiesSTATE of Tennessee, Appellee, v. James BLANTON, Appellant.
CourtTennessee Supreme Court

Michael E. Terry, Nashville, Mark Ivandick, Clarksville, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Kathy Morante, Deputy Attorney General, Darian B. Taylor, Assistant Attorney General, Nashville, Dan M. Alsobrooks, District Attorney General, J. Kenneth Atkins, Assistant District Attorney General, Pro Tem, James W. Kirby, Assistant District Attorney General, Charlotte, for Appellee.

OPINION

HOLDER, Justice.

In this capital case, the defendant, James Blanton, was convicted by a jury of two counts of first degree premeditated murder, four counts of grand larceny, and three counts of first degree burglary. A jury sentenced him to death on both counts of first degree murder based on three aggravating circumstances: (1) the defendant was convicted of one or more previous violent felonies; (2) the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another; (3) the murder was committed while the defendant was engaged in committing, or was an accomplice in the commission of, or was attempting to commit, or was fleeing after committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, larceny, kidnapping, aircraft piracy, or unlawful throwing, placing or discharging of a destructive device or bomb. Tenn.Code Ann. § 39-2-203(i)(2), (6) & (7) (1982). In addition to the above aggravating circumstances, the jury found that Mrs. Vester's murder was especially heinous, atrocious and cruel in that it involved torture or depravity of mind. Tenn.Code Ann. § 39-2-203(i)(5). The jury found that no mitigating circumstances sufficiently outweighed the aggravating circumstances.

On direct appeal to the Tennessee Court of Criminal Appeals, the defendant challenged both his convictions and his sentences. The appellate court found that two of the grand larceny convictions should have been merged. The appellate court, however, affirmed both the defendant's remaining convictions and his sentences.

The defendant has appealed to this Court raising numerous issues. We have thoroughly reviewed those issues addressed by the parties' briefs. We have carefully examined the law, the record and the thorough opinion of the Court of Criminal Appeals. We have found that all of the defendant's issues are devoid of merit and that the evidence amply supports the jury's findings as to aggravating and mitigating circumstances. The sentence of death was neither imposed arbitrarily nor was the sentence disproportionate to sentences imposed in similar cases. Accordingly, the judgment of the Court of Criminal Appeals upholding the defendant's convictions and sentencing him to death by electrocution is affirmed.

FACTUAL BACKGROUND

In the early morning hours of June 16, 1988, eight men successfully escaped from the Kentucky State Penitentiary at Eddyville, Kentucky. The eight escaped convicts were identified as the defendant, Derrick Quintero, William Hall, Joseph Montgomery, Ronnie Hudson, Bobby Sherman, Leo Sperling and Floyd Cook. Sherman was apprehended on June 17, 1988. Sperling and Cook were apprehended on June 18, 1988. Montgomery and Hudson were seen in Lebanon, Kentucky, on June 19, 1988, and captured in Kentucky on June 22, 1988. Hall was captured in July of 1988. The defendant and Quintero were captured shortly after Hall's apprehension.

A 1966 Chevrolet truck owned by Curtis Rogers was stolen in Eddyville, Kentucky, on the day of the convicts' escape. A number of the escapees apparently stole the truck to facilitate their escape. The truck was later located in a wooded area of Stewart County, Tennessee. Two paperweights with Cumberland Electric logos and several knives were found in or around the truck. The owner of the truck testified that he had never seen the paperweights before. The paperweights were later identified as items taken from the Cherry residence, located near the murder scene.

Stewart County, Tennessee, is located in close proximity to the Tennessee-Kentucky border. A rash of burglaries in the Leatherwood Resort area of Stewart County began to occur following the convicts' escape from the penitentiary in Eddyville, Kentucky. The burglarized residences were owned by Jim McMinn, Essie Settles, Alfred Cherry, Thomas Harris, Neal Foster, and John and Virginia Crawford. These homes were either summer cabins or permanent residences.

On Saturday, June 18, 1988, Jim McMinn of Clarksville, Tennessee, visited his cabin in the Leatherwood area. He arrived at his cabin at approximately noon. He went fishing in his boat at approximately 1:00 p.m. and returned around 3:00 p.m. Upon returning, he noticed that two boxes of 20 gauge shotgun shells were lying on the floor of his cabin. He went to the bedroom where he discovered that his loaded .22 revolver was missing. The telephone in his cabin had been removed from the wall, and the outside portion of the phone line had been severed. Mr. McMinn attempted to start his truck but discovered that the ignition had been destroyed. Both his telephone and an axe were lying in the bed of his disabled truck. Mr. McMinn walked to a neighbor's house and called the sheriff's department.

The Stewart County Sheriff's Department had received several reports of suspicious individuals in the Leatherwood area. The department became concerned that the escaped convicts were in the area. The department, therefore, conducted a search of the Leatherwood community. The search lasted from approximately 11:00 p.m. on Saturday, June 18, until 3:00 p.m. on June 19. The department was unsuccessful in locating any of the escaped inmates.

On Sunday, June 19, at approximately 1:30 p.m., Essie Settles discovered that her 1982 Ford Fairmont and some tools were missing from her garage in Dover, Tennessee. The car was located approximately one week later in Kentucky. Authorities found a hammer, two crowbars, steel cutters, a hacksaw, a punch, two screwdrivers, and a chisel inside Ms. Settles' stolen automobile. A chain saw that was missing from Ms. Settles' garage, however, was not recovered.

On Wednesday, June 22, Kentucky authorities apprehended both Hudson and Montgomery near the location where the authorities found Ms. Settles' car. The convicts exchanged fire with the authorities prior to the convicts' apprehension. Hudson and Montgomery had in their possession Mr. McMinn's .22 caliber pistol and Neal Foster's .22 caliber pistol.

Hudson's brother testified that Hudson and Montgomery were waiting for him at his apartment in Lebanon, Kentucky, on Sunday, June 19, 1988. He stated that the two men were in a white car with Tennessee plates. He stated that he and Robert Payne accompanied Hudson and Montgomery to a riverbank where the convicts hid the car. Judy Hudson also visited with Hudson and Montgomery at the riverbank. The following morning, the two escaped convicts followed Ms. Hudson to her home in Campbellsville, Kentucky. They stayed with Ms. Hudson until the evening when she escorted the convicts to Martha Grover's apartment. The convicts stayed with Ms. Grover until early Tuesday morning. The witnesses testified that they never saw the defendant with Hudson or Montgomery.

On June 19, 1988, the Stewart County Sheriff's Department received two additional reports of burglaries in the Leatherwood community. Mr. Alfred Cherry's trailer had been burglarized. Mr. Cherry testified that his trailer was approximately three-tenths of a mile from the murder victims' residence. On Sunday, June 19, Mr. Cherry and several family members visited the trailer and discovered that the back door had been removed. The inside of the trailer was in disarray. The bed was unmade, and wet towels were in the shower. The refrigerator light switch had been taped down to prohibit the light from operating when the refrigerator door was opened. Mr. Cherry also discovered that the trailer next door had been burglarized.

Mr. Cherry testified that two bedspreads, a green blanket, a sleeping bag, a portable radio/tape player, fifteen cassette tapes, a rechargeable flashlight, a small handsaw, five or six knives, coffee mugs, various canned goods, alcohol, a toothbrush, underwear and paperweights with the Cumberland Electric logo were missing. Mr. Cherry positively identified the paperweights found in the 1966 Chevrolet truck owned by Mr. Rogers. Mr. Cherry also positively identified two knives found at the Foster residence and stated that a third knife found outside of the Foster's residence was identical to a knife taken from his trailer. The value of the property taken from the Cherry's trailer was estimated at $ 600.00 to $ 700.00.

Thomas Harris owned the trailer located next to Mr. Cherry's trailer. He stated that the back door of his trailer had been pried off and that his trailer was ransacked. The refrigerator light had been removed, and the sink was full of dirty dishes. There was food still in a skillet on the stove. He testified that wet towels and sheets were strewn about, and cigarette burns were all over the floors. All of his canned food items, quilts, blankets, silverware, butcher knives, and a fishing tackle box had been taken. The value of the property taken from Mr. Thomas' trailer was estimated at $ 400.00 to $ 500.00.

Mr. Harris also testified that several unauthorized long distance telephone calls were placed from his trailer. Three of the unauthorized calls had been placed to a number in Springtown, Texas. These calls occurred on Sunday, June 19, at 3:51 a.m., 8:55 a.m. and 9:19 a.m. Two additional unauthorized calls were placed to a telephone number in Hopewell, Pennsylvania, at 4:00 a.m. and 9:19 a.m. The telephone number called in Springtown, Texas, was listed to a Bryan...

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