Criminal Cases – Opinions Released in Calendar Year 2023

State of Tennessee v. Kemontea Dovon McKinney (Murder, Robbery, and Theft Appeal)

Style: State of Tennessee v. Kemontea Dovon McKinney

TSC Docket No.: M2020-00950-SC-R11-CD

Link to Court of Criminal Appeals Opinion:

Summary by the Court of Criminal Appeals:

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.

Permission to Appeal Granted: May 18, 2022

Appellants’ Briefs Filed: June 17, 2022

Appellees’ Briefs Filed: July 15, 2022

Appellants’ Reply Brief Filed: July 29, 2022

Appellees’ Reply Brief Filed:

Amicus Briefs Permitted:  

Oral Argument Date: December 6, 2022

Link to Oral Argument Video:

Date of TSC Opinion: May 11, 2023

Link to TSC Opinion:


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