State v. Parker, 2011 Tenn. LEXIS 881

Parker was convicted of second degree murder and attempted rape after trial in which the court instructed on first degree felony murder and a lesser offense of second degree murder.
Victim Evelyn Lackey, age 65, died from a subdural hematoma; autopsy linked death to blunt head trauma occurring during the April 8, 2003 attack.
Evidence at trial included lackey’s statements and various witnesses describing the assault, as well as DNA and circumstantial links involving Parker and a hat found at the scene.
Witness testimony referenced the victim’s statement that her attacker had been on the victim’s son’s can crew, and photographs from the can crew roster were used in the investigation.
The trial court admitted some victim statements as hearsay under exceptions; the State argued the can-crew references aided identity, while Parker challenged admissibility under Rule 404(b).
The Court of Criminal Appeals affirmed in part and reversed in part, holding Mellons controlled the lesser-included offense issue; the Tennessee Supreme Court overruled Mellons and remanded for a ruling on reckless homicide.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Does Mellons control the outcome here?	Parker argues Mellons governs, permitting a lesser offense conviction despite insufficient proof.	Parker contends Mellons should apply to affirm the lesser-included conviction.	Mellons does not control; sufficiency must be proven for each element.
Is there sufficient evidence to support second degree murder?	Parker asserts evidence showed he did not act knowingly to cause death.	State asserts proof supports death causation and a knowing state of mind.	Not sufficient to prove the knowing mens rea required for second degree murder.
Was the admission of victim's statements to Deputy Benton constitutional error?	Parker contends testimonial hearsay violated confrontation clause.	State asserts harmless error beyond a reasonable doubt.	Error conceded as testimonial; harmless beyond a reasonable doubt given remaining evidence.
Was the can crew evidence properly admitted?	Parker argues Rule 404(b) prejudice from showing prior can crew involvement.	State argues evidence aided identity and was not unduly prejudicial.	Trial court did not abuse discretion; evidence admissible under 404(b) for identity with proper instructions.
Is there sufficient evidence to support attempted rape?	Parker challenges identity proof for the offense.	State argues circumstantial and DNA evidence sufficient to prove identity and attempt.	Yes; conviction for attempted rape affirmed.

State v. Mellons, 557 S.W.2d 497 (Tenn. 1977) (overruled as to applicability; lesser-included offense must have elements supported by proof)
State v. Burns, 6 S.W.3d 453 (Tenn. 1999) (adopted test for lesser-included offenses (Burns test))
State v. Ely, 48 S.W.3d 710 (Tenn. 2001) (explains when lesser offenses may be charged under felony murder framework)
Jackson v. Virginia, 443 U.S. 307 (U.S. 1979) (sufficiency standard: reasonable doubt requires proof of every element)
Crawford v. Washington, 541 U.S. 36 (U.S. 2004) (Confrontation Clause; testimonial vs non-testimonial statements)
Davis v. Washington, 547 U.S. 813 (U.S. 2006) (testimonial vs non-testimonial under ongoing emergency framework)
State v. Maclin, 183 S.W.3d 335 (Tenn. 2006) (factors for distinguishing testimonial statements)