State of Tennessee v. Michael Deon Mills and Kenneth Allen Spencer

A Knox County Criminal Court jury convicted the appellants, Michael Deon Mills and Kenneth Allen Spencer, of two counts of especially aggravated kidnapping, one count of especially aggravated robbery, and one count of aggravated burglary. After a sentencing hearing, the trial court sentenced the appellants to effective sentences of twenty-five years in confinement to be served at one hundred percent. On appeal, Mills argues that the prosecutor committed plain error during closing arguments by referring to his failure to testify. Spencer contends that (1) the trial court erred by admitting into evidence a document not provided to him during discovery; (2) the trial court erred by allowing evidence about weapons that were not used to commit the crimes; (3) an accomplice’s testimony did not provide sufficient corroboration to support the convictions; and (4) the convictions for especially aggravated kidnapping and especially aggravated robbery violate due process. Based upon the oral arguments, the record, and the parties’ briefs, Mills’ convictions are affirmed. However, Spencer’s convictions are reversed and the charges are dismissed because there is insufficient corroboration to sustain the convictions.