Appellate panel hears challenge to Gregory Livingston’s first-degree murder conviction over autopsy testimony and sufficiency of evidence

Barry ****, an attorney with the Shelby County Public Defender's Office, told the court he represents appellant Gregory Livingston and urged reversal of Livingston’s first-degree murder conviction.

Defense counsel said video shows the victim repeatedly leave and re-enter a vehicle at a Kroger store, advance on Livingston while holding a beer can, ignore a gunpoint warning, and then be shot. He argued the jury’s verdict on murder in the first degree cannot stand because (1) the admission of testimony by Dr. Ross recounting autopsy findings performed by Dr. Collier violates the confrontation clause under Smith v. Arizona; (2) the evidence does not support premeditation; and (3) comments in the prosecutor’s rebuttal that referred to the victim’s girlfriend’s emotional reaction were prejudicial.

Ronald…