State v. Willis
| Decision Date | 13 March 2015 |
| Docket Number | No. E2012-01313-CCA-R3-DD,E2012-01313-CCA-R3-DD |
| Court | Court of Appeals of Tennessee. Court of Criminal Appeals of Tennessee |
| Parties | STATE OF TENNESSEE v. HOWARD HAWK WILLIS |
Appeal from the Criminal Court for Washington County
A Washington County jury convicted appellant, Howard Hawk Willis, of two counts of premeditated first degree murder and one count of felony murder in the perpetration of a kidnapping. Following the penalty phase, the jury sentenced appellant to death on each conviction. The trial court merged the felony murder conviction into one of the convictions for premeditated first degree murder. On appeal, appellant asserts that: (1) the trial court erred in finding that appellant implicitly waived and forfeited his right to counsel and requiring him to proceed pro se at trial; (2) the trial court erred in denying appellant's motion to suppress his statements; (3) the searches of the residence and the storage unit were unconstitutional; (4) the trial court erred in denying appellant's multiple motions to continue the trial; (5) the trial court erred in staying appellant's funding and other privileges used in preparation for trial after this court granted an interlocutory appeal; (6) the evidence is insufficient to support the convictions; (7) the trial court erred in denying appellant's ex parte motions for expert services for a crime scene expert and a false confession expert; (8) the trial court failed to apply a higher standard of due process in all aspects of the case; (9) the trial court erred in admitting certain photographs; (10) the prosecutor made improper statements during closing arguments in both phases of the trial; (11) the trial court erred in instructing the jury during the guilt phase; (12) the aggravating circumstances upon which the State relied were not stated in the indictment; (13) the trial court erred in denying appellant's motion to preclude for-cause removal of jurors who were not death qualified; (14) Tennessee's death penalty statute is unconstitutional; (15) the trial court erred in failing to advise appellant with respect to his testimony during the penalty phase; (16) the trial court failed to make an adequate inquiry into appellant's competency to waive his right to present mitigating evidence; (17) the trial court erred in instructing the jury during the penalty phase; (18) the trial court erred in admitting victim impact evidence; (19) the proportionality review is unconstitutional; and (20) cumulative error warrants reversal. Following our thorough review, we affirm the judgments of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgments of the Criminal Court are Affirmed.
Hershell D. Koger, Pulaski, Tennessee (on appeal); Kathleen Morris, Nashville, Tennessee (on appeal); and Howard Hawk Willis, pro se (at trial), for the appellant, Howard Hawk Willis.
Herbert H. Slatery III, Attorney General and Reporter; James E. Gaylord, Assistant Attorney General; Anthony Clark, District Attorney General; and Dennis Brooks, Assistant District Attorney General, for the appellee, State of Tennessee.
OPINIONAppellant was convicted of multiple counts of first degree murder for the October 2002 deaths of Adam Chrismer and Adam's wife, Samantha.1 Appellant was indicted on premeditated first degree murder of Adam, premeditated first degree murder of Samantha, felony murder of Samantha in the perpetration of a kidnapping, felony murder of Adam in the perpetration of first degree murder, two counts of abuse of the corpse of each victim, and one count of abuse of the corpse of Sam Thomas, appellant's step-father. The State dismissed the charge of felony murder of Adam. The trial court ordered separate trials for the murder counts and the abuse of a corpse counts.
After multiple changes in counsel that resulted in long delays in the proceedings, the trial court found that appellant both implicitly waived and forfeited his right to be represented by counsel. The trial court ordered that appellant proceed pro se at trial and appointed advisory counsel. On interlocutory appeal, this court affirmed the trial court's order. See State v. Willis, 301 S.W.3d 644, 645 (Tenn. Crim. App. 2009). On remand, the trial judge, Judge Lynn W. Brown, recused himself from the case, and Judge Jon Kerry Blackwood was designated as the trial judge. The trial was held in June 2010.
Patty Leming, Samantha's mother, testified that Samantha was born on April 21, 1986, and was sixteen years old when she was killed. Ms. Leming said that at some point, Samantha began living with Kelly Willis, who was one of Samantha's friends and appellant's daughter. Ms. Leming assumed that appellant was also living with them. Samantha visited Ms. Leming on a weekly basis. Ms. Leming said she only saw appellant if he brought Samantha to visit.
Ms. Leming testified that she last saw appellant on October 4, 2002. On that date, Ms. Leming, her boyfriend, and Samantha went to a Pizza Hut located on the border of Chattanooga and Georgia. Ms. Leming said she drank three glasses of beer but was not intoxicated. She also said that before their pizza arrived, Adam entered the restaurant and appeared tired. Adam slumped over on the table and told Samantha, "Howard said, let's go." Ms. Leming assumed that appellant had brought Adam and that appellant, Kelly, and Adam had been to the dog pound to retrieve Samantha's dog.
Ms. Leming said she saw a vehicle that appeared to be a red Jeep in the parking lot. While she was not certain, she believed the Jeep belonged to appellant. She also saw someone in the vehicle who looked like appellant. Ms. Leming stated that the vehicle was parked farther back in the parking lot, that it was "dusky dark" outside, and that the headlights of the vehicle were shining in the window. She saw the vehicle at the same time that Adam entered the Pizza Hut. Adam did not stay long. Samantha asked him where her dog was, and Adam told her that they did not retrieve it. Ms. Leming said Samantha "sort of flew off the handle and called [appellant's] daughter a b****." The victims then left with appellant, and Ms. Leming did not see the vehicle after they left.
Ms. Leming testified that she called Samantha's cellular telephone on October 5 but did not reach her. She said she had not had any prior difficulties contacting Samantha using that number. Ms. Leming continued to attempt to reach Samantha but was unsuccessful.
On cross-examination, Ms. Leming denied informing agents from the Tennessee Bureau of Investigation (TBI) that the victims left in a blue Jeep. She stated that from September 27 through October 4, 2002, the victims were living in Rossville, Georgia, with appellant and Kelly.
On redirect examination, Ms. Leming testified that following Samantha's death, she visited the trailer on Mohawk Drive in Rossville, Georgia, where the victims had recently moved. Ms. Leming said that the victims and appellant had rented the trailer and that the victims had lived there for approximately one week prior to their deaths.
Teresa Chrismer, Adam's mother, testified that Adam was born on August 26, 1985, and was seventeen years old when he died. Adam moved out of Teresa's home when he turned seventeen. Teresa met appellant through the victims in 2002 when he brought the victims to her home to visit. Teresa said appellant came to her home a few times. She did not like him, and they argued.
Teresa testified that she last saw Adam at his great-grandmother's house but that she could not recall the date. Teresa said Adam had found a job and was looking forward to his life with Samantha. Teresa recalled that the victims were moving into a trailer on Mohawk Drive. Teresa stated that she last spoke to Adam on October 4, 2002. He called her and was upset and crying. Teresa told him to come home, and he agreed to do so.
Teresa stated that after speaking to Adam on October 4, she tried to call him but could not reach him. On October 7 or 8, Teresa received a call from a detective in Bradley County who wanted to speak to Adam. Teresa said she became "frantic" after the call. She believed that something bad had happened to Adam because she had not heard from him.
Teresa testified that Adam had previously given her a number to use to reach him and told her that it was a "secret" number. Teresa called the number several times and left a message that it was important that he call her. On October 11, appellant called Teresa from that same number and asked her what she wanted. Teresa told appellant that she wanted to talk to Adam and asked where he was. Appellant said he had not seen the victims since they were setting up their trailer on Mohawk Drive. Teresa stated that she tried to keep appellant on the telephone for as long as she could while her husband called the police. She said she remained on the telephone with appellant for twenty to twenty-five minutes. Teresa could hear two women talking in the background but could not determine what they were saying. Appellant was trying to get them to stop talking. Teresa stated that appellant was "as cool as a cucumber" during the conversation.
Luther Earl Whitson testified that on October 11, 2002, he went fishing at Boone Lake in Washington County, Tennessee. He went to Winged Deer Park at the boat ramp to pick up a friend. He "threw down the trawl motor" and was preparing to fish when he saw a human head floating in the water approximately twenty yards from the bank. He called 9-1-1.
Edward Brownlow Baker testified that on October 12, 2002, while fishing in a tournament on Boone Lake, he saw a human hand floating in the water. He caught the hand in a fishing net and brought it to a bridge where he called 9-1-1 and met officers.
Jerry Taylor, a bus driver for the sheriff's office, testified that on October 12, 2002, he...
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