State of Tennessee v. Tony Thomas and Laronda Turner - DISSENT

I respectfully disagree with the majority’s conclusions that the evidence is sufficient to sustain Defendant Laronda Turner’s convictions and that the State did not violate Brady v. Maryland, 373 U.S. 83 (1963), by failing to disclose the inconsistent statements made by co-defendant Demarco Hawkins. Because the record shows that Hawkins’ accomplice testimony implicating Defendant Turner was not sufficiently corroborated, I believe that Defendant Turner’s three convictions for first degree premeditated murder should be reversed and that these charges should be dismissed. In addition, because the record demonstrates that the State violated Brady in failing to disclose the inconsistent statements made by Hawkins during several proffer sessions with the prosecution prior to trial, I am of the opinion that the trial court erred in denying a new trial to both Defendant Turner and Defendant Thomas on this basis. Accordingly, I would reverse the judgments of the trial court, dismiss the charges against Defendant Turner, and remand the case for a new trial for Defendant Thomas.