State of Tennessee v. Ricco R. Williams
2015 Tenn. LEXIS 556
| Tenn. | 2015Background
- In June 2009 the defendant and two accomplices broke into the Currie home, armed, forced family members into the living room, ransacked the house, and fled with money and jewelry; one child summoned police by phone.
- The grand jury charged the defendant with five counts of especially aggravated kidnapping (one per family member), aggravated burglary, two counts of aggravated robbery (Mr. and Mrs. Currie), multiple firearms offenses, and related counts.
- At the 2011 trial no jury instruction based on State v. White was requested or given; the jury convicted the defendant of multiple counts including five especially aggravated kidnappings and aggravated robbery/burglary counts.
- On appeal the Court of Criminal Appeals affirmed most convictions but, after this Court’s decision in White and its progeny, reversed the kidnapping convictions for Mr. and Mrs. Currie and remanded those counts for a new trial because a White instruction was required as to those victims.
- The remaining issue on this appeal was whether the trial court was required to give a White jury instruction as to the three especially aggravated kidnapping convictions involving the three children (victims different from the robbery victims).
- The Tennessee Supreme Court applied its contemporaneous decision in State v. Teats and held that a White instruction is not required when kidnapping and the accompanying offense (robbery) involve different victims; it affirmed the convictions as to the three children.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a White jury instruction is required when kidnapping and an accompanying offense occur against different victims | State: White instruction unnecessary where kidnapping and robbery involve different victims because due-process concerns are not implicated | Williams: Failure to give White instruction as to the children was reversible error; jury could have treated confinements as "essentially incidental" to robberies | Court: No White instruction required when kidnapping and accompanying crime involve different victims; convictions for the three children affirmed |
Key Cases Cited
- State v. White, 362 S.W.3d 559 (Tenn. 2012) (establishes jury instruction to determine whether removal or confinement was more than necessary for accompanying offense)
- State v. Cecil, 409 S.W.3d 599 (Tenn. 2013) (White instruction applies to cases already in appellate pipeline when White was decided)
- State v. Teats, 468 S.W.3d 495 (Tenn. 2015) (holding that White instruction is not required when kidnapping and accompanying offense target different victims)