State of Tennessee v. McArthur Bobo

The defendant, McArthur Bobo, was convicted by a Shelby County Criminal Court jury of second degree murder, a Class A felony, and sentenced by the trial court as a career offender to sixty years in the Department of Correction at 100%. On appeal, he raises the following issues: (1) whether the trial court erred by allowing the State to impeach a defense witness’s testimony by introducing a tape-recorded conversation between himself and the witness that took place during his pretrial incarceration; (2) whether the trial court erred by denying his motion to suppress  evidence of a pretrial photographic lineup by which two eyewitnesses identified him as the shooter; and (3) whether the trial court erred by allowing testimony by a witness that the victim’s children were at the victim’s home at the time the victim was killed. Based on our review, we conclude that the defendant has waived consideration of the suppression issue by his failure to include an adequate record on appeal. We further conclude that the defendant has waived the emaining two issues by his failure to raise them in his motion for new trial. Accordingly, we affirm the judgment of the trial court.