State of Tennessee v. Darryl Lee Elkins

Summary

The Tennessee Supreme Court affirmed the defendant's convictions for child rape and attempted child rape, holding that the evidence permitted a rational jury to find both the completed penetration and the intent and substantial step required for the attempted offense. The court held that the subsequent completed rape, together with the similarity and close timing of the attacks, supported an inference that the defendant intended to rape the victim during the first attack. Justice Holder concurred in the result while disputing the majority's dicta about subsequent-act evidence, and Justice Birch concurred in affirming the rape conviction but would have reversed the attempted-rape conviction for insufficient proof of intent and a substantial step.