State of Tennessee v. Zackary James Earl Ponder

Case Number
M2018-00998-CCA-R3-CD

The defendant, Zackary James Earl Ponder, appeals his Stewart County Circuit Court jury convictions of first degree premeditated murder and aggravated assault, claiming that the trial court erred by admitting into evidence three photographs of the victim, by refusing to allow the defendant pretrial access to the criminal history of a State witness, by limiting his cross-examination of the investigating officer, by permitting the prosecutor to express his personal opinion during closing argument, and by failing to address “the fine portion of the defendant’s sentence.” He also challenges the sufficiency of the evidence for his conviction of first degree murder. Although we conclude that portions of the State’s closing argument were improper, we deem the error harmless. We detect clerical error in the judgment for the defendant’s conviction of aggravated assault that necessitates the entry of a corrected judgment for that count. Otherwise, the judgments of the trial court are affirmed.

Authoring Judge
Judge James Curwood Witt, Jr.
Originating Judge
Judge David D. Wolfe
Case Name
State of Tennessee v. Zackary James Earl Ponder
Date Filed
Dissent or Concur
No
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