State v. Faulkner
| Decision Date | 26 September 2003 |
| Docket Number | No. W2001-02614-CCA-R3-DD.,W2001-02614-CCA-R3-DD. |
| Parties | STATE OF TENNESSEE v. ROBERT FAULKNER. |
| Court | Tennessee Court of Criminal Appeals |
Robert C. Brooks, Memphis, Tennessee, for the appellant, Robert Faulkner.
Paul G. Summers, Attorney General and Reporter; Gill Geldreich, Assistant Attorney General; William L. Gibbons, District Attorney General, and Phillip Gerald Harris and Jennifer Nichols, Assistant District Attorney General, for the appellee, State of Tennessee.
THOMAS T. WOODALL, J., delivered the opinion of the court, in which DAVID G. HAYES and JOHN EVERETT WILLIAMS, JJ., joined.
Defendant Robert Faulkner appeals as of right his conviction for first-degree murder and resultant sentence of death arising from the January 1999, murder of his wife, Shirley Faulkner. A Shelby County jury convicted Defendant of first-degree premeditated murder. Following a separate sentencing hearing, the jury found the proof supported one aggravating circumstance beyond a reasonable doubt, i.e., the defendant had been previously convicted of one or more violent felonies, Tenn. Code Ann. § 39-13-204(i)(2), determined that the aggravating circumstance outweighed any mitigating circumstances beyond a reasonable doubt, and sentenced the Defendant to death. The trial court approved the sentencing verdict. Defendant appeals, presenting for our review the following issues: (1) the trial court improperly excluded testimony regarding the Defendant's diminished capacity; (2) the trial court improperly permitted the introduction of numerous gruesome photographs of the homicide victim; (3) the trial court improperly instructed the jury; (4) the indictment failed to charge a capital offense; (5) the death penalty violates treaties which have been ratified by the United States, and violates established international law; (6) the Tennessee death penalty sentencing statute and the imposition of death are unconstitutional; and (7) the criteria of Tenn. Code Ann. § 39-13-206(c)(1) have not been satisfied in this case. After review, we find no error of law requiring reversal. Accordingly, we affirm the Defendant's conviction for first-degree murder and the jury's imposition of the sentence of death in this case.
The Shelby County Grand Jury returned an indictment charging forty-three-year-old Defendant Robert Faulkner with the premeditated murder of Shirley Faulkner. Subsequently, the State filed notice of its intent to seek the death penalty. Pursuant to a court order, Defendant was evaluated by Midtown Mental Health Center to determine (1) the Defendant's competency to stand trial and (2) the Defendant's mental capacity at the time of the offense. The evaluation revealed that Defendant was able to appreciate the wrongfulness and nature of his alleged behavior. It was further determined that Defendant was competent to stand trial. The case proceeded to trial, at which time the following facts were developed.
Memphis Police Officer Elenor Worthy was on duty on January 18, 1999. At around 12:20 p.m., Officer Worthy responded to a complaint filed by the victim, Shirley Faulkner. Shirley Faulkner was making a complaint against her husband, Defendant Robert Faulkner. During Officer Worthy's conversation with Shirley Faulkner, Officer Worthy observed that Mrs. Faulkner Officer Worthy also observed that Mrs. Faulkner "had swelling on the left side of her face." Mrs. Faulkner reported that her husband, the Defendant, had struck her with his fist the previous night. During this incident, the Defendant had "held an ashtray over her head and threatened to kill her." Again, on the 18th, the Defendant threatened to kill his wife. Mrs. Faulkner related to Officer Worthy that she suspected that her husband was using cocaine. Three weeks prior to this incident, Mrs. Faulkner had "put her husband out. . . ."
Dr. Freddy Everson, a doctor specializing in family medicine, examined Mrs. Faulkner on January 19, 1999. Dr. Everson concluded that Mrs. Faulkner had "been subjected to some form of trauma to her face." Mrs. Faulkner reported that she had been hit in the face with a fist. Dr. Everson treated Mrs. Faulkner's injury with "non-cirrhodal [sic] anti-flammatory agents or arthritis pills" and instructed her to come back for a follow-up appointment on January 22, 1999. Mrs. Faulkner failed to return for her follow-up visit.
Annie May Brassell, Mrs. Faulkner's supervisor at the Piggly Wiggly on Madison Avenue, testified that Mrs. Faulkner usually worked the 4 to 12 shift. Ms. Brassell related that, on January 21, 1999, Mrs. Faulkner arrived at work around 5:00 p.m. Because business was slow, Ms. Brassell let Mrs. Faulkner leave early, at approximately 11:00 p.m. Before leaving, Mrs. Faulkner purchased some frozen food items and told Ms. Brassell that she was going to the casino. This was the last time Ms. Brassell saw Shirley Faulkner. Ms. Brassell related that Shirley Faulkner had married Robert Faulkner in September 1998. On cross-examination, Ms. Brassell revealed that she and Shirley Faulkner had been to the casinos together on prior occasions.
Jimmy Lee Blaydes, a security guard at Piggly-Wiggly, testified that on the evening of January 21, 1999, Mrs. Faulkner was at her position as cashier. Shirley Faulkner checked out at 11:15 p.m. and asked Mr. Blaydes to walk her to her car. On the way to her vehicle, Mrs. Faulkner "was kind of excited or shaking real bad from about her shoulders down. . . . . She was kind of, like, maybe crying a little bit." Mr. Blaydes asked her what was wrong. Once reaching her vehicle, Mrs. Faulkner confided to Mr. Blaydes that she was afraid of her husband. Mrs. Faulkner added that she was separated from her husband and she was afraid "he was going to jump on her."
Andre De'Wayne King is married to Shirley Faulkner's daughter, Twyla. Mr. King testified that, in January 1999, he knew Shirley Faulkner to be married to the Defendant, although the two were not living together at the time. Shirley Faulkner resided at 1011 Joseph Place in north Memphis. She had lived there prior to their marriage, during their marriage, and after their separation. Mr. King stated that during the week of January 14, 1999, Shirley Faulkner came to stay with him and his family in their home. Later, Shirley Faulkner later returned to her own home.
On the evening of January 21, 1999, Mr. King recalled that it was raining outside and Shelby County was under a tornado watch. That evening he remained at home with his family, but left the house around midnight to check on his mother-in-law. When Mr. King arrived at Shirley Faulkner's residence, there was no one at home and her vehicle was not in the driveway. He waited in front of the house for about thirty minutes, then left, assuming that Shirley had gone to a friend's home or to the casino.
Twyla King, Shirley Faulkner's daughter, testified that, in January 1999, her mother was working two jobs. During the day, Shirley Faulkner worked for Hilldale Apartments doing housekeeping, and at night she worked at Piggly Wiggly as a cashier. She confirmed that her mother had married the Defendant in September 1998, but by January 1999, the couple had separated. The Defendant had moved in with his grandmother, while Shirley Faulkner remained at the house on Joseph Place.
On January 22, 1999, Mrs. King received a telephone call at approximately 2:00 p.m. from a close family friend, Joe Ann Stewart. Ms. Stewart informed Mrs. King to meet the police at Shirley Faulkner's residence. Two police officers met Mrs. King at the residence. The officers unlocked the front door and went into the house, while Mrs. King and Ms. Stewart remained outside. Sometime that afternoon, Mrs. King learned from a neighbor that her mother was dead.
Joe Ann Stewart had known Shirley McGee Faulkner for thirty years Ms. Stewart had referred Shirley Faulkner to Evonne Churchman for the housekeeping position at the Hilldale Apartments. On January 22, 1999, Ms. Stewart had received a telephone call from Ms. Churchman inquiring as to whether Ms. Stewart had heard from her as she did not report to work that day. In response to Ms. Churchman's telephone call, Ms. Stewart telephoned Twyla King and told her to meet her at Shirley Faulkner's home. While waiting for Mrs. King to arrive, Ms. Stewart walked to a nearby gas station to telephone the Memphis Police Department. Upon arriving at the service station, Ms. Stewart noticed a patrol unit in the parking lot. She asked the officers to follow her to Mrs. Faulkner's home because she felt that something was wrong. The officer instructed Ms. Stewart to return to Mrs. Faulkner's house and informed her that he would call for help.
Memphis Police Officer Elizabeth Smith testified that, on January 22, 1999, at approximately 3:30 p.m., she arrived at 1011 Joseph Place in North Memphis with her partner Officer Eric Petrowski. The officers were met by Twyla King, who asked the officers to look inside the house and check to see if there were signs of her mother, Shirley Faulkner, being there. The officers failed to discover any signs of forced entry into the home. Officer Petrowski unlocked the door, while Officer Smith asked Mrs. King to remain outside.
Upon entering the residence, Officer Smith observed that a light was on in a library area, and the television was on in the den. As the officers walked down the hallway, Officer Smith noticed groceries on the floor, in the doorway of the kitchen. Officer Smith continued down the hallway toward the bedroom. The bedroom door was closed. In fact, it was the only door closed in the entire house. The officers opened the door, and observed a "white shoe, and the shoe had a foot in...
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