State of Tennessee v. Ashton Buford, Devante Terrell and Melvin Hopkins

A Shelby County Criminal Court Jury convicted the Appellants, Ashton Buford, Devante Terrell, and Melvin Hopkins, of two counts each of first degree felony murder; one count each of especially aggravated kidnapping, a Class A felony; and one count each of aggravated robbery, a Class B felony. The trial court merged the felony murder convictions, and the Appellants received effective sentences of life in confinement. On appeal, the Appellants contend that the trial court erred by deleting “killing” from portions of the jury instructions for first degree felony murder; by denying severance motions, admitting evidence of codefendants’ statements, and failing to give a limiting instruction in violation of Bruton v. United States, 391 U.S. 123 (1968); and by allowing the State to engage in improper jury voir dire and closing arguments. In addition, Appellant Buford contends that the trial court erred by failing to list the elements for the underlying felonies in the jury instructions for first degree felony murder, that the trial court erred by failing to instruct the jury on facilitation of the charged offenses, that the evidence is insufficient to support his convictions of first degree felony murder and especially aggravated kidnapping, and that cumulative error warrants a new trial. Based upon the oral arguments, the record, and the parties’ briefs, we find no reversible error and affirm the judgments of the trial court.