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State v. John Walter Sullivan

Citation: Not availableDocket: 03C01-9905-CR-00206

Court: Court of Criminal Appeals of Tennessee; December 28, 1999; Tennessee; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

The case involves the conviction of an individual for attempted second-degree murder following an incident at a convenience store. The defendant, who had a romantic relationship with the victim, followed her into the store and stabbed her with a butcher knife. The prosecution's evidence included testimony from the victim and a cashier, as well as the defendant's admission of intent to kill. The defense argued for a conviction of attempted voluntary manslaughter, citing provocation, but the court found no evidence of such provocation. During the trial, the defense successfully moved for a directed verdict on the charge of attempted first-degree murder, leading to proceedings on attempted second-degree murder. The jury returned a guilty verdict, which the defendant appealed on the grounds of insufficient evidence. The appellate court affirmed the conviction, determining that the evidence supported a knowing attempt to kill without provocation, justifying the second-degree murder charge. The court's decision emphasized the legal sufficiency of the jury's determination based on the facts presented.

Legal Issues Addressed

Definition and Application of Attempted Voluntary Manslaughter

Application: The appellant argued that the evidence only supported a conviction for attempted voluntary manslaughter, which involves a killing in a state of passion due to adequate provocation, but the court found no such provocation.

Reasoning: He contested the sufficiency of the evidence for this conviction, arguing that it only warranted a charge of attempted voluntary manslaughter, defined as a killing in a state of passion due to adequate provocation.

Directed Verdict on Attempted First-Degree Murder

Application: The trial court granted a directed verdict on the charge of attempted first-degree murder, allowing the trial to proceed on the lesser charge of attempted second-degree murder based on the evidence.

Reasoning: During the trial, the defense moved for a directed verdict on the charge of attempted first-degree murder, which the court granted, allowing the trial to proceed on attempted second-degree murder.

Sufficiency of Evidence for Attempted Second Degree Murder

Application: The court upheld the conviction for attempted second-degree murder by evaluating the sufficiency of evidence presented, including the absence of provocation and the defendant's admission of intent to kill.

Reasoning: The court reviewed the evidence in favor of the prosecution, concluding that the appellant's actions demonstrated a knowing attempt to kill, as there was no evidence of provocation from the victim.