APPELLATE COURT OPINIONS

I concur with Judge Cornelius' reversal of this case, but write separately to address other issues.

The defendant, Arnold V. Porter, appeals from a jury conviction in the Circuit Court of Coffee County for two counts of reckless endangerment with a deadly weapon, a Class E felony. The defendant received two two-year sentences as a Range I, standard offender to be served concurrently in addition to a fine of twenty-five hundred dollars in each count. In this appeal as of right, he presents the following issues:

I. whether the evidence is sufficient to support guilty verdicts for felony reckless endangerment,
II. whether he was denied a fair trial because the jury did not represent a fair cross-section of the community,
III. whether the trial court imposed an excessive sentence, and
IV. whether the trial court abused its discretion in raising his bond pending appeal.

A Lincoln County jury convicted Carla Jo Fitch of murder in the first degree. The trial court approved the verdict and imposed a sentence of life in the Tennessee State Penitentiary for Women. Her motion for a new trial was denied, and she has appealed to this Court. The defense presents four main issues, of which the first three issues have sub-issues.

The appellant, Darryl Gene Farmer, appeals as of right pursuant to Rule 3 (b) of the Tennessee Rules of Appellate Procedure from his conviction of murder in the first degree following a jury trial in the Circuit Court for Warren County. The appellant was sentenced to life in prison. In this appeal he presents five (5) issues for our review.

(1) Whether the evidence was sufficient for a rational trier of fact to find the appellant guilty of first degree murder beyond a reasonable doubt;
(2) Whether the indictment against the appellant was invalid because of irregularities in the selection of the venire and/or the presence of an unauthorized individual during grand jury proceedings;
(3) Whether certain statements made by the prosecuting attorneys during closing argument constituted prosecutorial misconduct;

(4) Whether the trial court erroneously admitted into evidence statements made by the appellant on the night of his arrest;
(5) Whether the trial court erroneously admitted into evidence statements made by the decedent.

After a thorough review of the record in this case, the applicable law, and arguments of counsel, we conclude that with regard to issues one (1) through three (3) no reversible error appears in this case. However, because the record is inadequate with regard to whether the appellant’ s right to counsel was violated during police questioning, we remand the case for further factual findings on issue number four (4). We conclude that error exists with regard to issue number five (5).