![]() ![]() Nixon said that about a seventy-five foot strip of the road had been “manicured.” Mr. ![]() Nixon joined one of the search teams along Helican Road which was a dirt road leading to a popular swimming hole known as the “blue hole.” When the search team approached the gate that blocked Helican Road, Mr. He lost the tracks when he reached Vandergriff Road because that road was paved. He followed the tracks around Jake’s Campground and on the trail leading to Helican Road. Mason’s house that appeared to have been made by ATVs. Nixon spotted tracks on the dirt trails near Mr. Nixon borrowed an ATV and began searching through the woods for the three men, but his efforts were unsuccessful. ![]() Mason’s telephone call that Sunday morning, Mr. Nixon said that his ATV was basically the same type of ATV as Mr. Nixon said, however, that it was not unusual for the two men to use each other’s ATV. Mason called him on Sunday morning, July 10, to tell him that her husband had not come home the previous night. Nixon said that he had lived on the mountain for sixty years and often hunted with Mr. Kirby said that she had lived on Signal Mountain since she was six, and her father was very familiar with the woods surrounding their property. Smock was heavier than her husband and two to four inches taller. Kirby said that her husband was over six feet tall, and he weighed around two hundred pounds. Griffith’s widow, testified that she did not become concerned about the men’s absence until dusk. Griffith had brought only shorts with them on the trip, so the two men put on green flight suits for the ride in the woods. Mason wrapped a pistol in a towel and placed the pistol in the tool box beneath the Honda’s seat. The men packed a cooler with drinks, and Mr. Mason borrowed a red Honda ATV from his neighbor, Stanley Nixon, for Mr. Smock had brought his red, blue and white ATV with him from Florida, and Mr. Mason’s house on three all terrain vehicles (“ATVs”). On Saturday afternoon, July 9, 1988, Richard Mason, Mr. Griffith’s wife, Paula Griffith, now Paula Kirby, drove to Hamilton County to visit their families for a few days. Strong, Assistant District Attorney General, for the appellee, the State of Tennessee.Įarl Smock and Kenneth Griffith were members of the same Air Force Squadron and were stationed at Ft. ![]() Leland Davis, Assistant District Attorney, and Rodney C. Turner, Assistant Attorney General William H. Summers, Attorney General and Reporter Renee W. Cavett, Jr., Chattanooga, Tennessee, for the appellant, Frankie E. Tipton and John Everett Williams, JJ., joined. Woodall, J., delivered the opinion of the court, in which Joseph M. 3 Appeal as of Right Judgments of the Trial Court Affirmed Following a thorough review of the record in this matter, we affirm the judgments of the trial court. On appeal, Defendant argues that (1) the Hamilton County District Attorney’s Office should have been disqualified from prosecuting Defendant in this case (2) the evidence is insufficient to support Defendant’s convictions (3) the trial court erred in allowing certain testimony and (4) the trial court erred in admitting Defendant’s adopted admission through Marie Hill’s testimony. At the conclusion of the second trial, the jury again found Defendant guilty of three counts of first degree murder. On appeal, this Court reversed Defendant’s convictions and remanded for a new trial because of the inappropriate admission of certain evidence and the prosecutor’s reliance on the inadmissable evidence during closing argument. E2003-01563-CCA-R3-CD- Filed September 24, 2004ĭefendant was indicted on three counts of first degree murder, and a jury found Defendant guilty on all counts. ![]()
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