The Greeneville Sun
Current Weather
Partly Cloudy Partly Cloudy
49 ° Severe Weather Alert!
Click Icon for Extended Forecast
Get Breaking News Alerts
FREE Service of
Brad & Ginia Johnston
423-823-0414 | 423-823-0716
Get special offers
from GreenevilleSun.com.
 
Hats In The Ring
Candidates Showcase


Patty Tilson
Greene Co. Clerk




Nathan Holt
Greene Co. Trustee




Brett Purgason
Greene Co. Mayor




Robin Quillen
3rd Dist. County Commissioner




David Crum
Greene Co. Mayor




Ted Hensley
5th Dist. State Representative




David Weems
Road Superintendent




Jan Kiker
Greene Co. Clerk




Christina Blevins
Register of Deeds



 
 
2004 Jeep Wrangler (sahara

1928 Ford Model A Door

1970 Nova 1 Owner 56k

2002 Ford F150 King

1997 Honda Valkyrie

1996 Ford F-super Duty

Get featured here and increase your advertising results by upgrading your classified ad to a TopAd.

Call: 423-638-4185

Get featured here and increase your advertising results by upgrading your classified ad to a TopAd.

Call: 423-638-4185




Public Notices

April 17, 2014

choose text size bigger text smaller text

Murder Conviction Appeal Denied In '09 Home Invasion

Originally published: 2013-10-03 10:44:14
Last modified: 2013-10-03 10:47:30
 


BY KEN LITTLE

STAFF WRITER

The appeal of a woman convicted of first-degree murder in connection with the 2009 home-invasion shooting death of a Greene County man was denied last week by the Tennessee Court of Criminal Appeals.

Jessica M. Myers, 30, formerly of Burkey Road, was convicted in May 2012 by a Greene County Criminal Court jury of first-degree murder and reckless endangerment for the death of Jimmy Lee Cutshall and permanent injuries suffered by Cutshall's wife, Rhonda, on Oct. 13, 2009.

Myers was convicted of four "theories," or elements, of first-degree murder: premeditated action, felony murder robbery, felony murder burglary and felony murder theft.

She was sentenced to life in prison by Circuit Court Judge John F. Dugger Jr. Her sentence totals 60 years with an 85 percent release eligibility, for a minimum sentence of 51 years.

Dugger merged the final two murder counts into the second count, and Myers received concurrent sentences on the two murder convictions.

EVIDENCE CHALLENGED

On appeal, Myers' lawyer, Francis X. Santore Jr., challenged the sufficiency of the evidence, an alleged defect in count one of the indictment, and the admission of certain post-mortem photographs into evidence at trial.

"Having reviewed the record, we affirm the judgments of the trial court," Judge John Everett Williams wrote on behalf of the three-member panel that reviewed the appeal.

In August, the Court of Criminal Appeals denied the appeal of Myers' co-defendant in the case, Shawn Anthony Jones, 35.

Jones, who lived with Myers on Burkey Road, was convicted in January 2012 of first-degree murder and criminal attempt to commit first-degree murder by a Greene County Criminal Court jury.

MOBILE HOME ROBBERY

Cutshall, 54, was shot to death during a robbery inside his mobile home on Old Wilson Hill Road.

Rhonda Cutshall, then 43, was shot once in the head as she slept in a rear bedroom. She almost died, and suffered permanent vision and hearing injuries.

At their trials, Jones and Myers implicated each other as the shooter in the crime.

Regarding evidence presented at Myers' trial, Williams wrote for the appellate court that evidence "is sufficient to support the verdicts."

Myers was convicted on different theories of murder, including premeditated murder, felony murder in the commission of a robbery, and felony murder in the commission of a burglary.

"However, we note that the trial court, while it merged two of the felony murder convictions into the third, did not merge the felony murder conviction with the first-degree murder conviction.

"Accordingly, we vacate the judgments and remand for entry of judgment sheets reflecting merger of the premeditated murder conviction into the felony murder convictions."

INDICTMENT 'DEFECTIVE'

Santore, on behalf of Myers, asserted in the appeal that the indictment charging her with first-degree murder was "fatally defective" because the grand jury foreman had neglected to indicate on the face of the document that the grand jury had found a "true bill."

The appellate court concluded that the error "is not jurisdictional and was therefore waived when the defendant failed to raise it prior to trial."

"On remand, we direct the trial court to merge the conviction for premeditated murder in count one into the conviction for felony murder on count two. The defendant is not entitled to relief based on an error in the indictment," the opinion states.

As to the photographs, "while unpleasant, [they were] not particularly inflammatory, and they were relevant to the issue of intent," the appellate court wrote in stating the defendant is not entitled to relief on the issue.

CONVICTIONS AFFIRMED

"We affirm the convictions and the sentences but vacate the judgments and remand so that new judgments may be prepared to reflect the merger of all the homicide convictions," Williams wrote.

A third defendant in the case, Chad Eric Rader, entered a guilty plea to facilitation of first-degree murder in January 2012.

Rader acted as the driver for Jones and Myers on Oct. 13. 2009, but never entered the mobile home.

Rader, 38, received a prison sentence of 34 years, at 35 percent release eligibility.

Myers is serving her prison term in the Mark H. Luttrell Correctional Center in Shelby County.

 
For more information and stories, see The Greeneville Sun.

More Local News


Newspapers In Education Benchmarks
Newspapers In Education
Newspapers In Education
Benchmarks
Benchmarks

Find more businesses on GreenevilleMarketplace.com

Attorneys · Automotive · Health Care · Restaurants Retail · Services · Home & Garden · Recreation


PHOTO GALLERIES
Sponsored in part by:
 
RECENT GALLERIES



 

Terms of Use - Privacy Policy
Copyright © 2014, GREENEVILLE PUBLISHING COMPANY, Inc. All Rights Reserved.
This content may not be reused without the express written permission of Greeneville Publishing Company, Inc.
http://www.greenevillesun.com