State of Tennessee v. Sharod Winford Moore

The Defendant, Sharod Winford Moore, was convicted by a jury of first degree premeditated murder and sentenced to life imprisonment. In the first direct appeal, this court found that the evidence was sufficient to sustain the conviction but that the Defendant waived all other issues for failure to file a timely motion for new trial. The Defendant was subsequently granted a delayed appeal. He now argues that (1) the trial court erred in allowing the State to present unfairly prejudicial evidence of his alleged gang membership, (2) the State engaged in prosecutorial misconduct by making inflammatory and prejudicial remarks about his alleged gang membership in closing argument, (3) the trial court erred in not allowing evidence of the victim’s propensity for intoxication and violence, and (4) the trial court erred in determining that a State’s intellectually disabled witness was competent to testify. We affirm the conviction.