Ashlee N. Appleton was convicted of tampering with evidence by a Marion County jury and sentenced to four years, with six months in incarceration followed by community corrections. She appealed, arguing that the State did not establish the corpus delicti of the crime. The State conceded this error, and both parties requested a reversal of the conviction. The Court of Criminal Appeals of Tennessee agreed, leading to the reversal and dismissal of Appleton’s conviction.
The case involved the disposal of a gun used in a murder. During the trial, special agent Kenneth Mark Wilson from the Tennessee Bureau of Investigation (TBI) testified about a shooting incident reported on September 8, 2009, which resulted in a deceased man found at a crime scene. Agent Wilson's investigation sought to locate the murder weapon and involved interviews with suspects, including Appleton, who was cooperative and provided a statement detailing her actions around the time of the shooting. Her account included being with friends and hearing a loud noise, after which she left the scene.
Jereese informed the narrator that a gun was in the car while they were close to Nickajack Dam. Upon arrival, Jereese handed the narrator the gun, which was described as small with a chrome finish and beige handle. The narrator disposed of the gun in the water near the dam before returning to the car and subsequently dropping Jereese off at his house. Later, Agent Wilson testified that the gun matched the one believed to be used in a homicide. Despite searching for three days with divers, the gun was never recovered. During cross-examination, Agent Wilson acknowledged that the defendant was not recorded during the interview, was twenty years old, and lacked legal representation. The defendant’s statement indicated she was unaware of any crime occurring, only noting a loud noise resembling fireworks. Witnesses confirmed Jereese as the shooter, while the evidence presented did not demonstrate the defendant's knowledge of the crime. The jury convicted her of tampering with evidence, sentencing her to four years. On appeal, it was argued that the state failed to establish the corpus delicti, or body of the crime, since the conviction relied solely on the defendant's confession without corroborating evidence proving her awareness of any crime. The court concluded that the evidence was insufficient to support the conviction, leading to a reversal and dismissal of the charge.
