State v. White
Tennessee Supreme Court
362 S.W.3d 559 (2012)
- Written by Kaitlin Pomeroy-Murphy, JD
Facts
On January 8, 2008, Jason Lee White (defendant) robbed a restaurant in Clarksville, Tennessee. Two restaurant employees, Denise Wright and Penyatta Payne, were on duty that night. At 11:55 p.m., Wright went to check the bathrooms before closing. White came up behind her, forced her to the floor, and proceeded to kick her. He ordered Wright to stay on the floor, and with her keys made his way to the restaurant safe. He soon returned to the bathroom to ask Wright if she had other keys. She answered yes. White led her by gunpoint to the safe, where she was able to open it. White took a computer, cell phone, and cash from the restaurant before leaving. White was convicted of burglary, aggravated robbery, and aggravated kidnapping. White filed a motion to set aside the conviction, particularly for aggravated kidnapping, arguing that it violated due process. The trial court denied the motion, holding that the kidnapping was distinct and not incidental to the crime of robbery. On appeal, the appeals court reversed the case on the grounds that the kidnapping conviction violated due process. The state (plaintiff) appealed.
Rule of Law
Issue
Holding and Reasoning (Wade, J.)
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