State of Tennessee, Appellee v. Donald Ray Shirley, Appellant

Summary

The Tennessee Supreme Court held, as an issue of first impression, that a trial court's denial of a motion to sever offenses under Tenn. R. Crim. P. 14(b)(1) is reviewed for abuse of discretion. Applying that standard, the Court held the trial court abused its discretion in joining four armed robberies for trial because their methods were not so unique as to constitute signature crimes; the trial court had relied on mere similarities and identification evidence rather than a distinctive modus operandi. Because the identification proof was weak and the similar-offense testimony bolstered witness credibility and invited a forbidden propensity inference, the error was not harmless. The Court of Criminal Appeals was reversed, the convictions and sentences were vacated, and the case was remanded for new trials.