State of Tennessee v. Michelle Tipton

The Appellant, Michelle Tipton, was convicted by a Sevier County jury of the first degree felony murder and second degree murder of Pamela Hale. The trial court merged the second degree murder conviction with her first degree felony murder conviction, resulting in a sentence of life imprisonment. On appeal, Tipton raises the following issues for our review: (1) whether the evidence was sufficient to support the verdicts; (2) whether the District Attorney General's office should have been disqualified from prosecuting the case based upon Appellant's co-counsel's subsequent employment with the State; (3) whether the testimony of two witnesses should have been excluded due to disclosure violations; (4) whether the trial court abused its discretion in admitting into evidence certain photographs of the deceased and a portion of the deceased's skull; (5) whether the State's closing argument was proper; (6) whether the trial court erred in admitting her co-defendant's statement; and (7) whether the trial court should have instructed the jury with regard to parole eligibility. After a review of the record, we reverse Tipton's conviction for second degree murder based on the trial court's failure to instruct the jury concerning the natural and probable consequences rule. However, a review of the issues raised on appeal reveals no error. Accordingly, Tipton's conviction and sentence for first degree felony murder are affirmed.