State of Tennessee v. Kemontea Dovon McKinney

The defendant, Kemontea Dovon McKinney, appeals his Robertson County Circuit Court jury convictions of aggravated robbery, first degree premeditated murder, first degree felony murder, and theft, arguing that the trial court erred by admitting his pretrial statement into evidence, that the evidence was insufficient to support his convictions, and that the evidence established that he acted in self-defense.  Because the trial court erred by admitting the defendant’s statement into evidence and because the error was not harmless beyond a reasonable doubt, the defendant’s convictions are reversed and remanded for a new trial.  Because the evidence was insufficient to support a conviction of first degree premeditated murder but sufficient to support a conviction of second degree murder, that conviction must be modified to one of second degree murder.  The evidence was sufficient to support the jury verdicts of felony murder, aggravated robbery, and theft.  Accordingly, we remand the case to the trial court for a new trial on two counts of felony murder, one count of second degree murder, one count of aggravated robbery, and, one count of theft of property.