Chung Kim v. State
05-14-00138-CR
| Tex. App. | Apr 29, 2015Background
- Chung Kim was convicted of capital murder for the February 4, 2013 shootings of Michelle Jackson and Jamie Stafford at a Dallas condominium complex; he was sentenced to life imprisonment without parole.
- Surveillance video, multiple eyewitnesses, and crime-scene evidence showed Kim fired from below, then went upstairs and shot Jackson at close range; witnesses observed Kim shoot Stafford multiple times and later approach and shoot him while on the ground.
- Police recovered a .45 Glock in Kim’s vehicle and a holster containing DNA matching both victims and Kim.
- Medical and forensic testimony established Jackson died from a close-range neck wound; Stafford suffered multiple gunshot wounds.
- Kim appealed on four grounds: (1) insufficiency of evidence to show specific intent to kill Jackson, (2) unconstitutionality of the mandatory life-without-parole statute, (3) erroneous jury instruction defining reasonable doubt, and (4) trial court lacked jurisdiction because no transfer order appeared in the record.
Issues
| Issue | Plaintiff's Argument (Kim) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Sufficiency: specific intent to kill Michelle Jackson | Evidence insufficient to prove Kim specifically intended to kill Jackson (he shot her once) | Evidence (shooting from below, going upstairs and firing at close range, flight, surveillance, DNA) supports a rational inference of intent | Affirmed — evidence sufficient to prove specific intent |
| Constitutionality of Tex. Penal Code §12.31(a)(2) (mandatory LWOP) | Mandatory life without parole absent individualized sentencing violates the Eighth Amendment | Issue not preserved; Supreme Court precedent (Harmelin) permits mandatory LWOP in non-capital cases | Overruled — unpreserved and meritless under controlling precedent |
| Jury charge: definition of "reasonable doubt" | The charge improperly defined/reduced reasonable doubt | Precedent allows the instruction given; trial court did not abuse discretion | Overruled — instruction permissible under binding authority |
| Jurisdiction: absence of transfer order | Trial court void for lack of jurisdiction because indictment presented to a different court and no transfer order in record | Failure to file a plea to the jurisdiction waived the complaint; procedural, not jurisdictional | Overruled — not preserved; judgment valid |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for sufficiency review)
- Harmelin v. Michigan, 501 U.S. 957 (upholding mandatory life without parole in non-capital case)
- Graham v. Florida, 560 U.S. 48 (bar on LWOP for nonhomicide juvenile offenders; distinguished)
- Mays v. State, 318 S.W.3d 368 (Tex. Crim. App.) (approving similar reasonable-doubt instruction)
- Ex parte Norris, 390 S.W.3d 338 (Tex. Crim. App.) (capital murder requires discrete specific intent as to each victim)