State of Tennessee v. Kerry Douglas Calahan
M2010-01310-CCA-R3-CD
Tenn. Crim. App.Aug 26, 2011Background
- Marshall County Grand Jury indicted Calahan on six counts: aggravated burglary, aggravated assault of Cozart, assault of Cebrero, two misdemeanor thefts, and resisting arrest, related to events on September 20, 2009.
- Cozart testified she was Calahan’s girlfriend with a protective order against him effective July 10, 2009, and she asked him to help with her sick child before the incident.
- The early-morning attack at Cozart’s trailer involved Calahan assaulting Cebrero, then assaulting Cozart, taking both women’s phones, and dragging Cozart toward the trailer.
- Pace, the trailer park manager, observed Cozart on the ground with Calahan attempting to pull her back; he reported Cozart was beaten.
- Police recovered Cozart’s phone from Calahan’s possession; Cozart’s order of protection remained in effect at the time of the assault.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | State argues sufficient evidence | Calahan argues lack due to Cozart initiating contact and sex | Evidence supports conviction for aggravated assault |
| Elevating assault to aggravated assault under protective order | State contends order-enforced aggravates assault | Calahan argues victim's conduct excuses enhancement | Sufficiency upheld due to active order at time of offense |
| Excessive sentence challenge | State supports imposition of sentence | Calahan seeks reduction citing mitigating factors | Six years, six months affirmed; proper weighing of factors respected |
Key Cases Cited
- Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (standard for sufficiency of convicting evidence)
- State v. Bland, 958 S.W.2d 651 (Tenn. 1997) (weight and value of evidence resolved by jury; appellate review limited)
- State v. Tuggle, 639 S.W.2d 913 (Tenn. 1982) (burden on defendant to show insufficiency of evidence)
- State v. Ashby, 823 S.W.2d 166 (Tenn. 1991) (presumption of correctness in sentencing decisions)
- State v. Carter, 254 S.W.3d 335 (Tenn. 2008) (weighing of enhancement and mitigating factors is trial court discretion)