State of Tennessee v. Jerome Sanders

A Shelby County Criminal Court Jury convicted the appellant, Jerome Sanders, of aggravated robbery, a Class B felony, and the trial court sentenced him as a Range II, multiple offender to eighteen years to be served at eighty-five percent. On appeal, the appellant contends that the the trial court erred by refusing to suppress pretrial identifications of him made by the victim; that the trial court erred by failing to suppress his statement to police; that the trial court improperly questioned the victim, which commented on the evidence and bolstered the victim's credibility; that the trial court should have recused itself because the court's conduct and demeanor created judicial bias; that the trial court admitted evidence in violation of Tennessee Rule of Evidence 404(b); that the trial court erred by admitting the co-defendant's statement into evidence; that the State committed prosecutorial misconduct during closing arguments; and that cumulative error warrants a new trial. Based upon the oral arguments, the record, and the parties' briefs, we conclude that trial court committed reversible error by potentially allowing the jury to hear improper propensity evidence in violation of Rule 404(b), Tennessee Rules of Evidence. Therefore, the appellant's conviction is reversed, and the case is remanded for a new trial, at which another judge shall preside.