State of Tennessee v. Brandon Vance
W2016-01015-CCA-R3-CD
| Tenn. Crim. App. | Dec 5, 2017Background
- Victim Larry Wilkins was shot six times and died outside his Sycamore Lake apartment late on March 9, 2014; his black Ford Mustang (advertised for sale) was driven away after the shooting.
- Neighbors observed 3–4 men around the Mustang and heard multiple gunshots; several saw individuals run and the Mustang flee the scene.
- Police found a dark Chevrolet Monte Carlo at the complex containing documents in Brandon Vance’s name and a temporary tag linked to Vance’s address; the Mustang bore Vance’s fingerprint on the front bumper.
- Vance voluntarily came to police, signed Miranda warnings, and gave a statement admitting participation in a plan to take the Mustang without paying: he lured the victim using a fake-number app and acted as a distraction while accomplices (Walter Collins and Martiness Henderson) seized the car.
- Vance admitted dropping Henderson (who had a gun) at the complex, using walkie-talkies to coordinate, and that Henderson shot the victim; witnesses and the medical examiner corroborated the number of shots and the sequence of events.
- Vance was convicted by a Shelby County jury of first-degree felony murder (robbery as the underlying felony) and received a life sentence; he appealed claiming insufficient evidence of intent to commit robbery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for felony murder (robbery) | State: evidence shows a planned theft of the Mustang during which the killing occurred; Vance admitted intent and participation. | Vance: no evidence he intended to commit robbery; only a distraction—no intent to steal. | Affirmed: jury reasonably found Vance intended to commit robbery and was criminally responsible for the killing. |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (standard for appellate sufficiency review)
- State v. Davis, 354 S.W.3d 718 (Tenn. 2011) (appellate scope and view of evidence in sufficiency review)
- State v. Dorantes, 331 S.W.3d 370 (Tenn. 2011) (circumstantial evidence treated same as direct evidence on appeal)
- State v. Buggs, 995 S.W.2d 102 (Tenn. 1999) (intent to commit underlying felony can be formed concurrent with killing and inferred from actions)
- State v. Cureton, 38 S.W.3d 64 (Tenn. Crim. App. 2000) (felony murder may be predicated on defendant’s own conduct or criminal responsibility for another)
- State v. Watson, 227 S.W.3d 622 (Tenn. Crim. App. 2006) (presence and companionship before/after a felony can support criminal responsibility)
- State v. Maxey, 898 S.W.2d 756 (Tenn. Crim. App. 1994) (criminal responsibility requires uniting with principal offender knowingly and voluntarily)
- State v. Carson, 950 S.W.2d 951 (Tenn. 1997) (criminal responsibility requires intent to promote or assist commission or benefit from the offense)
