State of Tennessee v. Glen Howard
504 S.W.3d 260
| Tenn. | 2016Background
- Defendant Glen Howard was indicted on five counts of rape of a child and two counts of aggravated sexual battery based on allegations by two young victims who lived with him; one count resulted in conviction for aggravated sexual battery as a lesser-included offense of rape of a child.
- At trial the State introduced forensic interviews, medical exam reports from a Children’s Advocacy Center (CAC), and DNA from a towel linking defendant; defendant testified and presented defense experts and character witnesses.
- The trial court instructed the jury on aggravated sexual battery as a lesser-included offense of rape of a child; the jury convicted on multiple counts including aggravated sexual battery (as a lesser-included on one count).
- On direct appeal the Court of Criminal Appeals vacated the aggravated sexual battery conviction, holding that the 2009 amendment to Tenn. Code Ann. § 40-18-110 (which codified parts (a) and (c) of Burns but omitted part (b)) abrogated Burns part (b) and thus aggravated sexual battery was not a lesser-included offense of rape of a child.
- The Tennessee Supreme Court granted permission to appeal to resolve whether Burns part (b) survived the 2009 statutory amendments and to decide related evidentiary challenges involving CAC records and various hearsay matters.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Howard) | Held |
|---|---|---|---|
| Whether Tenn. Code Ann. § 40-18-110 abrogated Burns part (b) | The 2009 statute codified lesser-included test and omission of part (b) shows legislature intended to limit Burns | Part (b) remains part of common law; legislature did not clearly abrogate Burns by implication | Burns part (b) survives; statute did not abrogate it |
| Whether aggravated sexual battery is a lesser-included offense of rape of a child | Because § 40-18-110(f)/(g) govern lesser-included offenses and aggravated sexual battery is not listed for rape of a child, it is not a lesser-included offense | Under Burns part (b) aggravated sexual battery involves less serious harm/culpability and therefore is a lesser-included offense of child rape | Aggravated sexual battery is a lesser-included offense of rape of a child; conviction reinstated |
| Admissibility of CAC medical reports and child statements (hearsay) | Reports are business records and statements were made for medical diagnosis/treatment (Rule 803(6) and 803(4)); admitted properly | Some statements were testimonial or made primarily for prosecution and thus inadmissible under Confrontation Clause | Trial court properly admitted reports under business-records exception and child statements under Rule 803(4); Confrontation Clause not implicated because children testified and were cross-examined |
| Exclusion of defense proffered hearsay (Nancy Lane, Detective Wright) | Objections based on relevance and hearsay were proper | Excluded testimony was relevant to credibility/state of mind and critical to defense (invoking Brown) | Exclusions were proper or waived; Brown not preserved at trial and plain-error review fails; no relief granted |
Key Cases Cited
- State v. Burns, 6 S.W.3d 453 (Tenn. 1999) (adopted three-part test for determining lesser-included offenses)
- State v. Elkins, 83 S.W.3d 706 (Tenn. 2002) (recognized aggravated sexual battery as lesser-included of rape of a child)
- State v. Evans, 108 S.W.3d 231 (Tenn. 2003) (reaffirming aggravated sexual battery as lesser-included of rape of a child)
- State v. McLeod, 937 S.W.2d 867 (Tenn. 1996) (requirement for out-of-jury evidentiary hearing for admissibility of child statements under medical-treatment exception)
- Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation Clause framework for testimonial statements)