State of Tennessee v. Kane Stackhouse

Case Number
E2009-01669-CCA-R3-CD

The defendant, Kane Stackhouse, aggrieved of his Knox County Criminal Court jury convictions of first degree felony murder, second degree murder, and especially aggravated robbery, for which he received an effective sentence of life imprisonment plus twenty years, appeals contending that the trial court erred in overruling his motion to suppress his statements. We discern no error regarding the motion to suppress; however, we conclude, via plain error, that the trial court erred by failing to merge the second degree murder conviction into the merged convictions of first degree felony murder. Accordingly, we vacate and remand for the verdict of second degree murder to be merged into the judgment of first degree felony murder. In all other respects, the judgments of conviction are affirmed.

Authoring Judge
Judge James Curwood Witt, Jr.
Originating Judge
Judge Richard R. Baumgartner
Case Name
State of Tennessee v. Kane Stackhouse
Date Filed
Dissent or Concur
No
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