Preview:

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
MARCH 1999 SESSION

STATE OF TENNESSEE, *
Appellee, * VS. * CHARLES ERIC GOODWIN, *
Appellant. *
For Appellant:
Allen R. Beard, Attorney 615 Lindsay Street, Suite 110 Chattanooga, TN 37403-0110
FILED

October 19, 1999
Cecil Crowson, Jr.

C.C.A. # 03C01-9808-CR-00275
HAMILTON COUNTY
Hon. Douglas A. Meye r, Judge
(Attempted Second Degree Murder and Second Degree Murder)
For Appellee:
Paul G. Summers Attorney General and Reporter
R. Stephen Jobe Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Second Floor, Cordell Hull Building Nashville, TN 37243-0493
C. Leland Davis and Caldwell Huckabay Assistant District Attorneys General City and County Court s Building Chattanooga, TN 37402
OPINION FILED:__________________________
AFFIRMED
GARY R. WADE, PRESIDING JUDGE

The defendant, Charles Eric Goodwin, was convicted in a bench trial of the second degree murder of Gregory Billups, Jr., and the attempted second degree murder of Eddie Birdsong.  The trial court imposed concurrent, Range I sentences of twenty-five years and twelve years, respectively.  In this appeal of right, the defendant challenges the sufficiency of the evidence as to each conviction and contends that certain of the testimony should not have been excluded from consideration.
We affirm the judgment of the trial court.
During the early morning hours of June 8, 1995, William Anthony Taylor drove the defendant to the Chattanooga residence of Betty Calloway, the defendant's girlfriend. Ms. Calloway lived in a two-story house on Duncan Avenue that had been converted into apartments.  After leaving the car and as he approached the residence, the defendant saw the victim, Gregory Billups, Jr., and Ostonia Woodall talking outside the apartments.  The defendant made a remark to Ms. Woodall which resulted in an altercation between the defendant and Billups. After initially attempting to stop the fight, Eddie Birdsong, who was a brother to Billups, joined the fray.  According to witnesses, the altercation among the men lasted between ten and fifteen minutes and ended when the defendant, who had been beaten and had lost a shoe, ran to an automobile owned by Rodney Gordon. Taylor, who was a codefendant in the bench trial, had little involvement in the fight, according to at least one of the state's witnesses, except to try to stop it.
Later, the defendant, driving his own automobile, returned to the residence with Taylor, Gordon, James Duke, James Davenport, and perhaps others. He was present when the victim Birdsong was assaulted and when the victim Billups
The evidence was disputed at trial.  Stephanie Feaster, a sister to Billups, testified that she was at her second story apartment with her one-year-old son. Billups, Birdsong, and Ms. Woodall, who had a ne wborn daughter, were also present. Ms. Feaster recalled hearing a loud crashing sound and, after walking downstairs to investigate, observed Billups choking the defendant.  She stated that Taylor was attempting to break up the fight and that Birdsong was able to separate the combatants. A fight then erupted between Birdsong and the defendant after which Ms. Feaster returned to her apartment.  Later, Ms. Feaster overheard Billups and Birdsong, neither of whom were armed, laughing about how badly the defendant had been beaten. After an interval of time, Billups and Birdsong decided to go to a grocery store for beer. Ms. Feaster recalled that Billups armed himself with an ice pick as Birdsong walked ahead down the stairway.  Ms. Feaster then heard two gunshots and Billups, who went downstairs to investigate, directed her to return to the apartment, lock the doors, and call the police.  Ms. Feaster stated that she hid behind a door when she heard a voice outside calling out, "It's another m----

Download GOODWINC.pdf

Tennessee Law