State of Tennessee v. Arthur T. Copeland

The Defendant, Arthur T. Copeland, was convicted of one count of first degree murder and sentenced to death. The jury found a single aggravating circumstance, that the Defendant previously had been convicted of one or more felonies involving violence to the person, see Tenn. Code Ann.§ 39-13-204(i)(2) (1997), and further found that the aggravating circumstance outweighed the mitigating circumstances beyond a reasonable doubt, see Tenn. Code Ann. § 39-13-204(g)(1) (1997). The Court of Criminal Appeals held that the trial court properly excluded expert testimony on eyewitness identification but committed plain error by failing to conduct a hearing pursuant to Momon v. State, 18 S.W.3d 152, 157 (Tenn. 1999), and ordered a remand for a determination of whether the error was harmless. Further, the Court of Criminal Appeals set aside the sentence of death as disproportionate. We granted the State’s application for permission to appeal in order to resolve the dispositive issues. We first hold that the trial court erred by prohibiting the Defendant from offering expert testimony regarding eyewitness testimony and overrule State v. Coley, 32 S.W.3d 831 (Tenn. 2000). Because the exclusion of the testimony cannot be classified as harmless under these circumstances, the Defendant must be granted a new trial. Although the trial court failed to conduct a Momon hearing, consideration of that issue is not necessary because of the grant of a new trial. Finally, we conclude that the Court of Criminal Appeals erred by finding that the death sentence was disproportionate; thus the State may choose to seek the death penalty upon remand. Accordingly, the judgment of the Court of Criminal Appeals is affirmed in part, reversed in part, and the cause is remanded for a new trial.