The Tennessee Court of Criminal Appeals has overturned the2013 conviction of Dominique Greer for the felony murder and especially aggravated robbery of Darrian Moore.
The appeals court said Judge Rebecca Stern should not have allowed the jury to consider evidence related to a prior robbery.
Greer, who was 17 at the time of the 2010 slaying, had been sentenced to serve life in prison.
It was testified that he and two other youths plotted the robbery of the victim with plans to have him go to an ATM and withdraw money.
His parents found him shot in their driveway.
Attorney Dan Ripper urged the jury to see the lack of evidence against his client, as no fingerprints or DNA belonging to Greer were found at the crime scene. He also pointed out the inconsistency in the witnesses. Witness and co-defendant Franklin Wood Jr. took a plea deal of a reduced charge in exchange for his testimony against Greer.
Attorney Ripper said, "The state believes that Mr. Wood was involved with this to the same degree that my client was." He pointed out that since the time of the murder, each statement Wood has given has been different. He said, "He's just making it up as he goes along." After cross-examining Wood, he said that he wrote in his notes that Wood sounded confused.
He also discussed another witness, Dwight Turner. He said that Turner lied to investigators in his first statement. Unlike Wood and Greer, Turner never gave fingerprints or DNA to be sent off to the forensics lab. Attorney Ripper said that Turner and Wood gave conflicting testimonies. Wood said that he was not involved and had no knowledge of a planned robbery, while Turner said the whole plan was Wood's idea.
Greer was charged with robbing Stephen Carroll at gunpoint the same day of the murder, taking his wallet and cell phone. Attorney Ripper said that the victim's description of Greer did not match those of others who saw him that same day. The victim said that he could not see his attacker's hair either because it was covered by a bandana. Attorney Ripper said, "Would he have been more focused on the gun or the face?" He closed by asking the jury to "examine all the proof, realize what's not there, and find my client not guilty."
Prosecutor Lance Pope pointed out that calls had been made from the stolen cell phone to contacts of Greer right after the time of the murder. He said it could not be a coincidence.
He told the jury that Greer did not want to earn his money like Charles and Darrian Moore did, but he wanted it the quick way. He said, "There's only one verdict you can make with a moral certainty. That verdict is that Dominique Greer is guilty of felony murder and especially aggravated robbery."