Lack of Evidence :: Tennessee Criminal Lawyer Blog

If the O.J. Simpson trial taught you anything, it is that the evidence in a criminal case is sometimes simply insufficient to sustain a conviction. While cases with extremely weak evidence are frequently abandoned prior to proceeding to trial, such cases do occasionally make their way to the trial stage at which point the state has to attempt to sell its extremely weak case to the jury. Unfortunately for criminal defendants, juries occasionally convict on just a sliver of evidence, at which point the Defendant’s only choice often is to appeal to a higher court.

Appealing to a higher court is exactly what the defendant did in the case of State v. Sisk, a case which recently found its way to the Tennessee Court of Criminal Appeals. In Sisk, the defendant was convicted of aggravated burglary and two counts of felony theft, but the only evidence presented that connected the defendant to the scene at all was the defendant’s DNA which was found on a partially-smoked cigarette laying near the door. The Court of Criminal Appeals found that this evidence simply was not strong enough to sustain the convictions against the defendant, because there was no proof of the elements of the offenses: breaking into a dwelling with the intent to commit a felony or theft for the aggravated burglary and the actual taking of property to sustain the theft convictions. At best, the prosecution could prove that the Defendant smoked a cigarette at the scene; at worst, the defendant simply came into contact with a cigarette that later found its way to the scene. The Court found that such proof was as a matter of law insufficient to find the defendant guilty of the crimes with which he was charged beyond a reasonable doubt.

Defendants may find themselves in a similar situation- convicted of an offense on scant proof and in need of an appeal. Tennesseans who find themselves facing such a predicament should consult an experienced Tennessee criminal defense lawyer who can help identify and expertly argue all of the relevant issues on appeal.

Source: State v. Sisk, 35 TAM 41-19, 9/8/10, Knoxville, Witt, partial dissent by Thomas, 16 pages.