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State of Tennessee v. Ken Childress

Citation: Not availableDocket: W2004-01170-CCA-R3-CD

Court: Court of Criminal Appeals of Tennessee; August 31, 2005; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

In this case, the appellant was convicted of attempted first-degree murder and aggravated criminal trespass, receiving a concurrent sentence of 25 years for the murder charge and nearly a year for the trespass. The convictions stemmed from an incident where the appellant, accompanied by two masked accomplices, forcibly entered the victim's apartment, demanded drugs and money, and shot the victim multiple times. The victim's identification of the appellant as the shooter was crucial to the prosecution's case. On appeal, the appellant challenged the sufficiency of the evidence, claiming it was inadequate for a rational jury to convict him beyond a reasonable doubt. The appellate court, however, upheld the jury's verdict, emphasizing the jury's role in assessing witness credibility and evidence. Additionally, the appellant argued that his sentencing violated the principles set forth in Blakely v. Washington, as enhancement factors were not submitted to a jury. The court dismissed this argument, stating that Tennessee's sentencing procedures comply with the Sixth Amendment, thus affirming the trial court's judgment. The decision highlighted the sufficiency of the victim's testimony and photographic identification in supporting the convictions.

Legal Issues Addressed

Aggravated Criminal Trespass

Application: The appellant was found guilty of aggravated criminal trespass for unlawfully entering the victim's property with intent to instill fear.

Reasoning: Aggravated criminal trespass occurs when an individual enters or stays on property without the owner's consent and intends to instill fear for another's safety.

Application of Blakely v. Washington

Application: The court concluded that the principles established in Blakely v. Washington do not affect Tennessee's sentencing procedures, affirming the trial court's application of enhancement factors.

Reasoning: The Tennessee Supreme Court clarified that Blakely did not establish a new legal principle and that Tennessee's sentencing procedures do not violate the Sixth Amendment.

Attempted First-Degree Murder

Application: The case involved the appellant's conviction for attempted first-degree murder, supported by the victim's identification and testimony about the shooting incident.

Reasoning: In this case, the victim identified the appellant as the intruder who broke into his apartment and shot him on January 6, 2001.

Jury's Role in Determining Credibility

Application: The appellate court emphasized that issues of witness credibility and evidence valuation are within the jury's exclusive domain.

Reasoning: Issues of witness credibility and evidence valuation are exclusively within the domain of the jury.

Sufficiency of Evidence for Conviction

Application: The court found sufficient evidence to uphold the convictions of attempted first-degree murder and aggravated criminal trespass based on the victim's testimony and identification of the appellant.

Reasoning: The court found the evidence sufficient to uphold the convictions and noted that Blakely does not impact Tennessee law, affirming the trial court's judgments.