Tenn. R. Sup. Ct., REPORT OF TRIAL JUDGE IN FIRST DEGREE MURDER CASES

As amended through November 4, 2024

REPORT OF TRIAL JUDGE IN FIRST DEGREE MURDER CASES

REPORT OF TRIAL JUDGE IN FIRST DEGREE MURDER CASES¹

Revised 1/23/2020

¹ A separate report must be submitted for each defendant convicted under T.C.A. § 39-13-202 irrespective of the sentence received. This includes defendants who have pleaded guilty to first-degree murder.

IN THE _______ COURT OF _______ COUNTY

STATE OF TENNESSEE	Case No. _______
v.
Sentence of Death ( )
or
________	Life Without Parole ( )
(Defendant)	or
Life Imprisonment ( )

A. DATA CONCERNING THE TRIAL OF THE OFFENSE

a. Status of Case: Original Trial ( ) Retrial/Resentencing ( )

b. Brief summary of the facts of the homicide:

_____________________

c. Means/method used to cause death:

( ) shooting

( ) stabbing

( ) throat slashing

( ) drowning

( ) beating/blunt trauma

( ) strangling or suffocat

( ) poisoning

( ) bombing

( ) burning

( ) pushing from a high place

( ) struck by a vehicle

( ) child abuse/neglect

( ) Other: ___________________________

d. Location/scene of crime:

( ) victim's residence

( ) defendant's residence or place of business/employment

( ) victim's place of business/employment

( ) hotel/motel

( ) commercial establishment (bar, store, restaurant, gas station, etc.)

( ) street, sidewalk, or parking lot

( ) park or school grounds

( ) field, woods, or rural area

( ) jail or prison

( ) public or private vehicle

( ) other: ______________________________________________

e. Motivation for the killing, if known (select all that apply):

( ) long term hatred of victim

( ) obsession/control

( ) revenge/retaliation

( ) racial, religious or other bias or animosity

( ) pecuniary or other gain

( ) sexual or other pleasure or gratification for the killing

( ) jealously

( ) silence a witness

( ) escape apprehension, trial, punishment, or confinement for another offense

( ) non apparent/senseless killing/apparent indifference to life

( ) unreasonable self-defense or defense of others

( ) false belief due to mental illness

( ) other: _______________________________________________

( ) unknown

f. First degree murder conviction type:

( ) A premediated and intentional killing of anothe

( ) A killing of another in perpetration of or attempt to perpetrate any:

( ) first degree murder

( ) act of terrorism

( ) arson

( ) rape

( ) robbery

( ) burglary

( ) theft

( ) kidnapping

( ) aggravated child abuse

( ) aggravated child neglect

( ) rape of a child

( ) aggravated rape of a child

( ) aircraft piracy

( ) A killing of another committed as the result of the unlawful throwing, placing, or discharging of a destructive device or bomb.

2. Separate Offenses:

a. Were other offenses tried in the same trial? Yes ( ) No ( )

b. If yes, list those offenses, disposition, and punishment:

3. How did the defendant plead? Guilty ( ) Not guilty ( )

a. Did the State file a notice of intent to seek the death penalty? Yes ( ) No ( )

b. Did the State file a notice of intent to seek life imprisonment without parole? Yes ( ) No ( )

c. Did the State withdraw its notice of intent to seek the death penalty, either formally or informally? Yes ( ) No ( )

d. Did the State withdraw its notice to seek life imprisonment without parole either formally or informally? Yes ( ) No ( )

If the defendant pleaded guilty with no sentence hearing, skip to Section B

5. Was guilt determined with or without a jury? With ( ) Without ( )

6. Did you as "thirteenth juror" find the defendant was guilty beyond a reasonable doubt?

Yes ( ) No ( )

7. Did the defendant waive jury determination of punishment? Yes ( ) No ( )

a. Who sentenced defendant? Judge ( ) Jury ( )

b. What sentence was imposed? Death ( ) Life Without Parole ( ) Life ( )

c. If life imprisonment, was it imposed as a result of a hung jury? Yes ( ) No ( )

9. Was victim impact evidence introduced at trial? Yes ( ) No ( )

10. Aggravating Circumstances, T.C.A. § 39-13-204(i):

a. Were statutory aggravating circumstances found? Yes ( ) No ( )

b. Which of the following statutory aggravating circumstances were instructed and which were found? (Please note the version of the statutory aggravating circumstance instructed in the blanks provided when applicable, i.e., the 1989 version or the 1995 version.)

Instructed Found

(1) Youth of the victim ( ) ( )

(2) Prior convictions ( ) ( )

(3) Risk of death to others ( ) ( )

(4) Murder for remuneration ( ) ( )

(5) Heinous, atrocious, or cruel ( ) ( )

(6) To avoid arrest or prosecution ( ) ( )

(7) Committed in conjunction with another felony ( ) ( )

(8) Committed while in custody ( ) ( )

(9) Victim was a member of law enforcement, etc. ( ) ( )

(10) Victim was a judge, district attorney, etc. ( ) ( )

(11) Victim was elected official, etc. ( ) ( )

(12) Mass murder ( ) ( )

(13) Mutilation of the body after death ( ) ( )

(14) Elderly or particularly vulnerable victim ( ) ( )

(15) Committed in the course of an act of terrorism ( ) ( )

(16) Committed against a pregnant woman, and the defendant intentionally killed the victim knowing she was pregnant. ( ) ( )

(17) Committed at random and the reasons for killing are not obvious or easily understood. ( ) ( )

(18) Sold or distributed a substance containing fentanyl, carfentanil, other opiate with intent and premeditation to commit murder (_) (_)

(19) Other²

c. Relate any relevant and material details of the aggravating circumstances found by the jury that were outside of the norm, either so as to favor leniency or to favor severity of punishment: ___________________________________________________________________________________________________________________________________

² In the space provided, the trial court should list by statutory designation any statutory aggravating factor that was instructed, but is not in the prior list.

_____________________

Relate any significant aspects of the aggravating circumstance(s) that influence the punishment.

_____________________

11. Mitigating Circumstances, T.C.A. § 39-13-204(j):

a. Were the mitigating circumstances raised by the evidence? Yes ( ) No ( )

b. If so, what mitigating circumstances were raised by the evidence?

Yes No

(1) No significant prior criminal history ( ) ( )

(2) Extreme mental or emotional disturbance ( ) ( )

(3) Participation or consent by victim ( ) ( )

(4) Belief that conduct justified ( ) ( )

(5) Minor accomplice ( ) ( )

(6) Extreme duress or substantial domination ( ) ( )

(7) Youth/advanced age of defendant ( ) ( )

(8) Mental disease or defect or intoxication ( ) ( )

(9) Other (explain):³______ ( ) ( )

³In the space provided, please list all nonstatutory mitigating factors raised by the evidence.

_____________________

c Relate any relevant and material details of the mitigating circumstance supported by the evidence that were outside the norm, either so as to favor leniency or to favor severity of the punishment: ________________________________________________________________________________________________

d If tried with a jury, was the jury instructed regarding all the mitigating circumstances? Yes ( ) No ( )

If no, list which circumstances were not included as mitigating circumstances and explain why such circumstances were omitted: __________________________________________________________________________________________________

12. Was there any evidence that at the time of the offense the defendant was under the influence of narcotics, dangerous drugs or alcohol which actually contributed to the offense? Yes ( ) No ( )

If yes, explain: __________________________________________________________________________________________________

13. Brief impression of the trial judge as to the conduct and/or demeanor of defendant at trial and sentencing that would indicate remorse, lack of remorse, mental health issues, or any other characteristics relevant to punishment: _________________________________________________________________________________________________________________________________________________________________________________________________________________________

B. DATA CONCERNING THE DEFENDANT⁴

⁴Defense counsel may omit any information that may, if disclosed, impair the interests of the client.

1. Name Last, First Middle_________________________

2. Birth Date ________ mo./day/year

3. Sex _____

4. Marital Status:

( ) Never Married

( ) Married

( ) Divorced

( ) Spouse Deceased

( ) Unknown

5. Race

( ) American Indian or Alaska Native

( ) Asian

( ) Black or African American

( ) Native Hawaiian or other Pacific Islander

( ) White

6. Ethnicity: Is the defendant of Hispanic or Latino: Yes ( ) No ( )

7. Children: Number ______ Ages ________

Other dependents: _____

8. Parents: Father-living? Yes ( ) No ( ) Unknown ( ) Mother-living? Yes ( ) No ( ) Unknown ( )

9. Education: Highest Grade or Level Completed: _________________ Uknown ( )

10.

a. Was any evidence presented regarding an IQ score of the defendant? Yes ( ) No ( )

b. If yes, what were the results? IQ below 75 _____

IQ 76 to 85) _____

IQ 86 - 100) _____

IQ above 100 _____

11.

a. Was the issue of defendant's intellectual disability under T.C.A. § 39-13-203 raised? Yes ( ) No ( )

b. If so, did the court find that the defendant had intellectual disability as defined in T.C.A. § 39-13-203(a)? Yes ( ) No ( )

12.

a. Was a psychiatric or psychological evaluation performed that is part of the trial record? Yes ( ) No ( )

b. If yes, summarize pertinent psychiatric or psychological information and/or diagnoses revealed by such evaluation: ____________________________________________________________________________________ ___________________________________________________________________________________

13. Employment record of defendant at or near time of offense, including if known, type of job, pay, dates job held and reason for termination: ______________________________________________________________________________________________________________________________________________________________________( ) Unknown

14. Defendant's Military History, including type of discharge: ___________________________________________________________________________________( ) Unknown

15.

a. Does the defendant have a record of prior convictions? Yes ( ) No ( )

b. If yes, list the offenses, the dates of the offenses and the sentences imposed:

Offense Date Sentence

1. ____________________________________________________________________________________

2. ____________________________________________________________________________________

3. ____________________________________________________________________________________

4. ____________________________________________________________________________________

5. ____________________________________________________________________________________

6. ____________________________________________________________________________________

16. Was the defendant a resident of the community where the homicide occurred? Yes ( ) No ( )

17. Nature of defendant's role in offense:

( ) committed homicidal act together with a co-defendant ( ) primary assailant ( ) other ____________________________________________________________________________________

18. Any other noteworthy/significant information about the defendant:

____________________________________________________________________________________ ____________________________________________________________________________________

C. DATA CONCERNING VICTIM, CO-DEFENDANTS, AND ACCOMPLICES

1. Age of victim _________

2. Sex _________

3. Marital Status:

( ) Never Married

( ) Married

( ) Divorce

( ) Spouse Deceased

( ) Unknown

4. Race

( ) American Indian or Alaska Native

( ) Asian

( ) Black or African American

( ) Native Hawaiian or other Pacific Islander

( ) White

5. Ethnicity: Was the victim Hispanic or Latino origin: Yes ( ) No ( )

6. Children: Number ______ Ages _________

7. Parents: Father - Living? Yes ( ) No ( ) Unknown ( )

Mother - Living? Yes ( ) No ( ) Unknown ( )

8. Education: Highest Grade or Level Completed: ________________ Unknown ( )

9. Employment at time of offense _____________________________ Unknown ( )

10. Describe the relationship between the defendant and the victim (e.g., family member, employer, friend, etc.): _______________________________________________________________

11. Was the victim a resident of the community where the homicide occurred? Yes ( ) No ( )

12. Was the victim held hostage during the crime? _____ Yes -Less than one (1) hour _____ Yes -More than one (1) hour _____ No If yes, give details: _______________________________________________________________

13.

a. Describe the physical harm and/or injuries inflicted on the victim: _______________________________________________________________

b. Was the victim tortured, state the nature of the torture: ______________________________________________________________

14. Co-Defendants:

a. Were there any co-defendants in the trial? Yes ( ) No ( )

b. If yes, what conviction(s) and sentence(s) were imposed on them? _______________________________________________________________

c. Nature of co-defendant's role in offense:

( ) committed homicidal act together

( ) primary assailant

( ) other ___________________________________________________

d. Any additional comments concerning co-defendants: _______________________________________________________________

e. Did the co-defendant(s) testify at the defendant's trial? Yes ( ) No ( )

15. Other Accomplices:

a. Were there any persons not tried as co-defendants who the evidence showed participated in the commission of the offense with the defendant? Yes ( ) No ( )

b. If yes, state the nature of their participation, whether any criminal charges have been filed against such persons as a result of their participation and the disposition of such charges, if known:

____________________________________________________________________________________

__________________________________________

c. Did the accomplice(s) testify at the defendant's trial? Yes ( ) No ( )

D. REPRESENTATION OF THE DEFENDANT

1. Was the defendant represented by counsel at trial? Yes ( ) No/Pro Se ( )

2. If the defendant was Pro Se at trial:

a. Was the defendant represented at any time by counsel? Yes ( ) No ( )

b. If the defendant did have prior representation, list dates of representation and answer the remaining questions as they relate to prior counsel. Attach additional sheets if necessary to include information on each attorney. From __________________________ to ________________________________ From __________________________ to ________________________________

c. Did the defendant have elbow counsel at trial? Yes ( ) No ( )

3. How many attorneys represented defendant? _______ (If more than one counsel served, or the defendant had prior counsel, other than those at trial, answer the following questions as to each counsel and attach a copy for each to this report.)

4. Name of counsel: _______________________________________________________

5. In what role did counsel serve?

Lead/First Chair ( )

Co-Counsel/Second Chair ( )

Elbow Counsel (pro se defendant) ( )

6. Date counsel secured: ___________________________________________________

7. How was counsel secured (may check more than one):

a. Retained by defendant ( )

b. Appointed by Court ( )

c. Public Defender ( )

d. Pro Bono ( )

8. If counsel was appointed by court, was it because:

a. Defendant unable to afford counsel ( )

b. Defendant refused to secure counsel ( )

c. Elbow Counsel (pro se Defendant) ( )

d. Other (explain): _____________________________________________________

9. How many years has counsel practiced law?

a. 0 to 5 ( )

b. 5 to 10 ( )

c. Over 10 ( )

10. What is the nature of counsel's practice?

a. Mostly civil ( )

b. General ( )

c. Mostly criminal ( )

11. Did counsel serve throughout the trial? Yes ( ) No ( )

12. If not, explain in detail: _____________________________________________________________________

13. Other significant data about defense representation: _____________________________________________________________________

E. GENERAL CONSIDERATIONS

a. Were jurors selected from the same county where the offense occurred? Yes ( ) No ( )

b. If no, from which county were the jurors selected? ________________________

c. Was a change of venue requested: Yes ( ) No ( )

d. If yes, was it granted? Yes ( ) No ( )

e. Reasons for change, if granted: ____________________________________________________________________________________________________________

2. How many alternate jurors were selected? __________

3. What percentage of the population, according to the most recent census, of the county from which the jury was selected is the same race as the defendant?

a. Under 10% ( )

b. 10%-25% ( )

c. 25%-50% ( )

d. 50%-75% ( )

e. 75%-90% ( )

f. Over 90% ( )

4. Were members of defendant's race represented on the jury? Yes ( ) No ( )

5. Note the number of jurors/alternate jurors of each race (if race of a juror/alternate juror is unknown, please note that below as well):

Jurors Alternate Jurors _____ _____ American Indian or Alaska Native _____ _____ Asian _____ _____ Black or African American _____ _____ Native Hawaiian or other Pacific Islander _____ _____ White _____ _____ Unknown

6. Note the number of jurors/alternate jurors who are of Hispanic or Latino origin:

Jurors Alternate Jurors _____ ______

7. Note the number of jurors/alternate jurors of each sex:

Jurors Alternate Jurors _____ ______ Male _____ ______ Female

a. Was a change of venue requested? Yes ( ) No ( )

b. If yes, was it granted? Yes ( ) No ( )

Reasons for change, if granted: _____________________________________________

F. CHRONOLOGY OF CASE

Elapsed Days

1. Date of offense _____________________

2. Date of arrest _____________________

3. Date trial began/guilty plea entered _____________________

4. Date sentence imposed _____________________

5. Date post-trial motions ruled on _____________________

6. Date trial judge's report completed _____________________

7.* Date received by Supreme Court _____________________

8.* Date sentence review completed _____________________

9.* Total elapsed days _____________________

10. Other __________________________________________

*To be completed by Supreme Court

This report was submitted to the defendant's counsel and to the attorney for the State for such comments as either desired to make concerning its factual accuracy.

D.A.	Defense Counsel
1. Comments are attached	( )	( )
2. Had no comments	( )	( )
3. Has not responded	( )	( )

I hereby certify that I have completed this report to the best of my ability and that the information herein is accurate and complete.

___________ _____________________

Date Judge, _____________________

Court of _____________________County

Judicial District _____________________

Tenn. R. Sup. Ct., REPORT OF TRIAL JUDGE IN FIRST DEGREE MURDER CASES

Form amended by order filed March 9, 2011; by order filed March 25, 2015 effective 7/1/2015; and by order filed11/13/2017 effective 11/27/2017; amended by Order filed and effective 1/24/2020.

Explanatory Comment:

Section 4(A) and Section 4(E) of Rule 12 were amended to clarify the standards for granting or denying a State motion to set execution date, and for granting a death row prisoner's motion for stay or delay of execution for pending state or federal court litigation of collateral issues.