State of Tennessee v. Sedrick Clayton

The Defendant, Sedrick Clayton, was convicted by a Shelby County Criminal Court jury of three counts of first degree murder, attempt to commit first degree murder, possession of a firearm with the intent to go armed during the commission of a dangerous felony, employing a firearm during the commission or attempt to commit a dangerous felony, and unauthorized use of a motor vehicle. See T.C.A. §§ 39-12-101 (2014), 39-13-202(a)(1) (2014), 39-14-106, 39-17-1324(a) (2010) (amended 2012). The jury sentenced the Defendant to death for each first degree premeditated murder conviction. The trial court sentenced the Defendant to fifteen years for attempted first degree murder, three years for possession of a firearm with the intent to go armed during the commission of a dangerous felony, six years for employing a firearm during the commission of or attempt to commit a dangerous felony, and eleven months, twenty-nine days for unauthorized use of a motor vehicle. On appeal, the Defendant contends that (1) the evidence is insufficient to support his convictions for first degree premeditated murder and attempted first degree murder; (2) the trial court erred in denying the Defendant's motion to suppress his statements to the police; (3) double jeopardy principles prohibit his dual convictions for possessing a firearm with the intent to go armed during the commission of a dangerous felony and employing a firearm during the commission or attempt to commit a dangerous felony; (4) the trial court erred in admitting photographs of the victims during the penalty phase; (5) the trial court erred in admitting recordings of two 9-1-1 calls made from the victims' residence around the time of the murders; (6) Lieutenant Goods' testimony during redirect examination was improper in numerous respects; (7) Tennessee's death penalty scheme constitutes cruel and unusual punishment; (8) Tennessee's death penalty scheme is unconstitutional in numerous other respects; and (9) the Defendant's sentences of death are disproportionate. Although we affirm the Defendant's convictions and sentences for each first degree premeditated murder and attempted first degree murder, we conclude that the trial court should have merged the convictions for possession of a firearm with the intent to go armed during the commission of a dangerous felony with the employing a firearm during the commission or attempt to commit a dangerous felony. Therefore, we remand for the entry of corrected judgments. We affirm the judgments of the trial court in all other respects.