State of Tennessee v. Hunter Jay Chantler
CourtCourt of Criminal Appeals of Tennessee
Date FiledJune 29, 2026
DocketW2025-00977-CCA-R3-CD
JudgeJudge Kyle A. Hixson
StatusPublished
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Full Opinion
06/29/2026
IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT JACKSON
Assigned on Briefs March 3, 2026
STATE OF TENNESSEE v. HUNTER JAY CHANTLER
Appeal from the Circuit Court for Henry County
No. 17064 Bruce I. Griffey, Judge
No. W2025-00977-CCA-R3-CD
The Defendant, Hunter Jay Chantler, appeals from his jury conviction for aggravated
sexual battery and resulting eight-year sentence. On appeal, the Defendant asserts that (1)
the evidence introduced at trial was insufficient to support his conviction due to the
victim’s lack of credibility and (2) the trial court abused its discretion by questioning the
minor victim during the State’s direct examination at trial. After review, we affirm the
judgment of the trial court.
Tenn. R. App. P. 3 Appeal as of Right; Judgment of the Circuit Court Affirmed
KYLE A. HIXSON, J., delivered the opinion of the court, in which ROBERT L. HOLLOWAY ,
JR., and ROBERT H. MONTGOMERY, JR., JJ., joined.
Steven L. West, Huntingdon, Tennessee (on appeal), and David A. Walker, Paris,
Tennessee (at trial), for the appellant, Hunter Jay Chantler.
Jonathan Skrmetti, Attorney General and Reporter; Julia A. Johnson, Assistant Attorney
General; Neil Thompson, District Attorney General; and C. Morgan Crocker and Anthony
L. Clark, Assistant District Attorneys General, for the appellee, State of Tennessee.
OPINION
I. FACTUAL AND PROCEDURAL HISTORY
This case arises from the alleged sexual abuse of the four-year-old victim by the
twenty-three-year Defendant on December 2, 2023, while the victim was spending the
night at her grandparents’ house. The victim’s aunt, Tori Dickson, and Ms. Dickson’s
boyfriend, the Defendant, also lived at the house, and the victim shared a bedroom with the
two of them whenever she spent the night. After the victim’s subsequent disclosure that
the Defendant had touched her “private parts” during this December 2 overnight visit, the
victim’s mother contacted law enforcement. Thereafter, the victim underwent a forensic
interview, wherein she also made a disclosure that the Defendant had sexually abused her.
A Henry County grand jury indicted the Defendant on July 1, 2024, for this alleged
conduct, charging him with aggravated rape of a child in count one and aggravated assault
in count two. See Tenn. Code Ann. §§ 39-13-102, -531. By agreement of the parties, the
offenses were severed, and the Defendant proceeded to a two-day jury trial, as to count one
only, on January 8, 2025.1
Prior to the parties’ opening statements, the trial court issued preliminary
instructions to the jury. As relevant to the issues presented by this appeal, the trial court
instructed as follows: “During the course of the trial, I may ask a question or two of a
witness. If I do, that does not indicate that I have any opinion about the facts in this case
or that I have any opinion with respect to that witness’ credibility.”
After opening statements were completed, the State called the victim to the stand,
and she was placed under oath. She provided her birthday and indicated that she was five
years old and in kindergarten at the time. The victim identified the Defendant in court by
his first name. When asked who the Defendant was to her, how she knew him, or why she
was present in court, the victim responded, “I forgot.” However, the victim knew that she
regularly spent the night at her grandparents’ house when she was around four years old,
and she recalled that she had often seen the Defendant there. She confirmed that, at that
time, she had slept in her own bed in a bedroom which she shared with the Defendant and
her aunt, Ms. Dickson. According to the victim, she played games and, at first, had fun
with the couple.
The victim then agreed that, at present, she no longer saw the Defendant or Ms.
Dickson. While the victim indicated that she knew the reason for this state of affairs with
an affirmative head nod, she said “I forgot” when asked to verbalize her answer. When
asked if the Defendant had “ever made [her] feel uncomfortable[,]” the victim nodded her
head and gave a verbal affirmative response. However, she replied “I forgot” when asked
what he had done to make her feel that way. She then recalled one occasion when she was
jumping back and forth between the two beds in the bedroom while the Defendant was
1 The Defendant later entered a plea of guilty in count two to the lesser included offense of assault,
a Class A misdemeanor. See Tenn. Code Ann. § 39-13-101. He does not challenge this conviction on
appeal.
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lying on the bed by himself and Ms. Dickson was in the kitchen “[c]ooking.” Nonetheless,
the victim testified that nothing “uncomfortable” happened during this encounter.
The victim was asked to describe her “private parts” and what they were used for,
but she was unable to provide any details, stating only, “I forgot.” She then affirmed that
she was feeling “[g]ood” and was not “nervous at all[.]” When asked if she had ever told
anyone that “something” had happened to her, she first replied, “I forgot,” and later nodded
in a negative manner. At this point in the State’s direct examination of the victim, the
prosecutor asked the trial court for “one second.” Thereafter, trial court proceeded to
engage the victim with questions:
THE COURT: You know you have different parts of your body?
THE WITNESS: Yes.
THE COURT: Um, and part—both girls—you know the difference
between boys and girls, right?
THE WITNESS: Yes.
THE COURT: And part of what—we use part of our body to go to the
bathroom, right?
THE WITNESS: Yes.
THE COURT: Is that private parts?
THE WITNESS: Yes.
THE COURT: Okay.
General, why don’t you try a little further?
[THE PROSECUTOR]: Okay.
The prosecutor returned to questioning the victim and inquired if “anyone [had] ever
touched [her] private parts[,]” which prompted a verbal affirmative response from the
victim. The victim was next asked about who the party responsible for this behavior was,
leading to the following dialogue:
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Q. . . . And who would that person be?
A. I forgot.
Q. You forgot. Is that person here today?
A. Yes.
Q. Okay. And who’s that? Can you—if you forgot, can you either—
if you remember his name, tell me—point him or her out. Who . . . did it?
You said they’re in here . . . who touched your private parts?
A. I forgot.
Q. Can you see that person?
A. (Nodding affirmatively.)
Q. Do you want to point at them? Was it me?
A. Him.
The trial court then noted, “The record will reflect . . . she pointed in the direction of the
Defendant.”
The prosecutor continued with questioning of the victim: “And . . . when [the
Defendant] touched your private parts, how did he do that? What did he use? ” The victim
said that the Defendant used “[h]is finger[,]” though she could not recall what he did with
his finger. She was able to explain that the Defendant had “touch[ed] it” on the “[i]nside”
and that this felt “[w]eird.” But the victim responded “I forgot” when she was asked, “Did
he do anything with his finger when it was in there?” She likewise could not recall why
the Defendant stopped or the events that took place afterward. However, the victim
affirmed that this happened while Ms. Dickson was cooking and her grandparents were in
their bedroom, and she recalled later talking about the events with her mother. The victim
agreed that she had never seen the Defendant again since that time, which made her feel
“[h]appy.”
When the prosecutor again asked the trial court for “one second ,” the trial court once
more began to question the victim:
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THE COURT: Let me ask you, . . . when you were touched and [it]
made you feel uncomfortable, did you have clothes on or clothes off?
THE WITNESS: Clothes on.
THE COURT: On.
Were you touched on the outside of the clothes or un —underneath
your clothes?
THE WITNESS: In. Inside.
THE COURT: Okay. Underneath your clothes, touched your skin?
THE WITNESS: (Nodding affirmatively.)
THE COURT: Was it the front part where you pee-pee, or the back
part where you go poo-poo?
THE WITNESS: Pee.
THE COURT: Pee-pee. Okay.
The prosecutor then stated that she had no additional questions for the victim.
Thereafter, the trial court asked the parties to approach for a bench conference,
during which it inquired whether defense counsel wanted to “express an objection”
regarding the court’s “questioning” of the victim. Defense counsel noted an objection for
the record, and the trial court noted that its questioning was based on a belief that “some
people can just get better rapport with children,” that it had experience with children, and
that it “just fe[lt] like trying to get through [the victim’s] testimony.” Trial resumed with
cross-examination of the victim, during which she confirmed that she was telling the truth,
no one had told her what to say in her testimony, and no one else had “ever done something
like that” to her.
Ms. Dickson was next to testify. She and the Defendant dated for approximately
three years. She described the Defendant “as nurturing” and “a caretaker” and as someone
who “enjoy[ed] playing with kids.” Ms. Dickson confirmed that, at the time of the alleged
incident, she and the Defendant had lived at the residence “full-time[,]” and they had shared
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a bedroom with the victim whenever the victim visited the residence, which was “[p]retty
regularly” on the weekends. Ms. Dickson explained that the victim had her own bed
separate from the one Ms. Dickson shared with the Defendant. Ms. Dickson considered
the victim her responsibility during these visits, so Ms. Dickson “made sure that[ the victim
was] okay, and stuff like that.” According to Ms. Dickson, she and the victim often played
together, watched television, or went outside.
The victim was on a “regular schedule,” but the Defendant worked the “third shift”
at Walmart. Ms. Dickson explained that the Defendant typically had returned home around
7:00 a.m. in the morning, went to sleep after an hour or so of playing video games, and
woke up between 6 or 7:00 p.m. at night. Ms. Dickson indicated that her schedule had
mirrored the Defendant’s, that she was plagued by sleeping difficulties, and that she was
up during most of the night, “[p]retty much every night.” They maintained this schedule
even on the weekends.
When Ms. Dickson and the Defendant were awake throughout the night, they would
typically stay in their bedroom where the Defendant would play video games while Ms.
Dickson used her cell phone. Ms. Dickson denied there was ever a time when she and the
victim were both asleep while the Defendant was awake playing video games. Ms.
Dickson averred that she had never left the victim alone in the bedroom with the Defendant
unless she went to the bathroom, but she clarified that if the victim was awake, the vict im
generally accompanied her to the bathroom. Ms. Dickson refuted the possibility of her
dozing off “here or there” throughout the night while the victim was at the house .
On cross-examination, Ms. Dickson testified that the victim had arrived at her
grandparents’ house on Friday, December 1, 2023, around “ [n]oon-ish” while the
Defendant slept. Following the victim’s arrival, Ms. Dickson and the victim sat in the
living room where they played and watched television. After the Defendant awoke
sometime between 6 and 7:00 p.m. that evening, Ms. Dickson and the victim went into
their shared bedroom where the Defendant was playing a video game. According to Ms.
Dickson, the victim fell asleep in the victim’s bed around 9 or 10:00 p.m. while the
Defendant continued playing a video game, and she used her phone in the shared bed. Ms.
Dickson recalled having gone to the bathroom at one point during the evening while the
victim was sleeping, estimating that she was gone from the room for “[f]ive minutes . . . at
the most.” When Ms. Dickson left the bedroom, as well as when she returned, she observed
the Defendant sitting in the recliner at the end of their bed playing a video game and the
victim asleep in her own bed.
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The following morning, Ms. Dickson got up with the victim around 6 or 7:00 a.m.,
at which time the Defendant was still awake and playing a video game. Ms. Dickson took
the victim out of the bedroom with her while she made breakfast, and after all three of them
had eaten, the Defendant went to sleep alone in the bedroom. Ms. Dickson stayed in the
living room, and the victim went to visit her grandparents in their bedroom. The victim
left the residence shortly after noon that Saturday. She never witnessed the Defendant
touching the victim inappropriately at any time during the visit, and she never saw any
evidence of the Defendant’s having a sexual predilection towards small children .
On redirect, Ms. Dickson stated that it was impossible for the victim to have gone
unnoticed into the bedroom where the Defendant was sleeping that day because Ms.
Dickson could see and hear down the hallway. According to Ms. Dickson, the victim was
supposed to stay out of the bedroom whenever the Defendant was sleeping so as to not
wake him up. Ms. Dickson agreed that, while the victim listened to this instruction “[f]or
the most part,” the victim’s belongings were also in that bedroom. And although the victim
had on more than one occasion played in the bedroom while the Defendant was sleeping
by jumping back and forth between the beds, Ms. Dickson was “[p]retty much always”
present when this occurred. Ms. Dickson insisted that she was awake and alert the entire
time the victim was visiting on this December 2 occasion, despite it being an almost twenty-
four-hour period.
The victim’s mother confirmed that, around December 2023, the victim was four
years old and the victim frequently spent the night at her parents’ (the victim’s
grandparents’) home on the weekends. From her personal observations, she believed the
victim liked the Defendant prior to this time. The victim’s mother recalled that the victim
initially had disclosed the abuse to the mother’s “stylist,” and the stylist had called her
while she was at work. She “came home immediately and called law enforcement.”
According to the victim’s mother, the victim was “pretty much” potty-trained prior to this
time and was “a very social little girl.” However, the victim had since become “scared to
go anywhere,” did not want to leave the house, and had regressed in her potty -training to
the point that her issues with bladder control were causing her to develop urinary tract
infections regularly. On cross-examination, while the victim’s mother agreed that the
victim had developed one or two urinary tract infections when she initially began potty-
training, she clarified that they had not occurred regularly or often prior to this incident.
Investigator David Andrews with the Henry County Sheriff’s Office confirmed that
a report of sexual abuse had been received from the victim’s mother on December 4, 2023,
and that he was the lead investigator into the victim’s allegations against the Defendant.
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Following a referral to the Department of Children’s Services (“DCS”), the victim made a
disclosure of sexual abuse in the course of a forensic interview.2
Thereafter, Investigator Andrews interviewed the Defendant on December 20, 2023.
During this interview, which was proceeded by an advisement of Miranda 3 rights, the
Defendant provided his living arrangement, work routine, and sleep schedule while he
lived at the victim’s grandparents’ house. The Defendant confirmed that the victim, who
he referred to as “Muffin,” often came to the residence for weekend visits with her aunt,
also his girlfriend, Ms. Dickson. The Defendant described his relationship with the victim
as “an uncle-niece type.” He stated that, sometimes during these visits, he and the victim
engaged in play-fighting and that he “would hit her,” though “not hard, . . . just in a playing
manner. . . . [N]ormal stuff that . . . an adult would do with a four-year-old.” The Defendant
also confirmed that the victim had been going through potty-training and wore pull-ups
during this time. He told Investigator Andrews that he had never provided hygienic care
for the victim, such as giving her a bath or changing her pull-ups. The Defendant initially
insisted that he was “[n]ever in the bedroom alone” with the victim. Then, after
Investigator Andrews continued to inquire whether the Defendant was ever alone with the
victim, the Defendant recalled one incident when the victim came in the bedroom, and they
were alone. According to the Defendant, the victim took off her shirt to change into another
one, which made him “very uncomfortable” because she was “a growing kid,” and he
informed Ms. Dickson of the incident.
The Defendant indicated to Investigator Andrews that he had been informed by Ms.
Dickson of the victim’s allegations of inappropriate sexual touching, and he therefore knew
why he was being interviewed. When Investigator Andrews asked the Defendant directly
if he had ever touched the victim in such a manner, the Defendant responded, “Not in a
sexual way. We would play-fight with her, but nothing sexual, never nothing sexual.”
Investigator Andrews explained to the Defendant that there were plausible reasons for the
victim’s disclosure, such as a bathroom, diaper, or medication incident, but that four-year-
olds do not generally “have the knowledge base to construct” such allegations “when
they’re talking about their private parts” and that someone “touched” them and “it hurt .”
Nonetheless, the Defendant persisted that he could not have touched the victim
inappropriately, even by accident during play-fighting: “No, never. I never even pick[ed]
her up. She would jump on me in the bed when I was asleep to wake me up.” However,
the Defendant later agreed with Investigator Andrews that it was “possible” for accidental
2 The victim’s forensic interview was not admitted at trial and is not included in the record on
appeal.
3 See Miranda v. Arizona, 384 U.S. 436, 458, 479 (1966).
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touching of the victim’s private areas to have occurred during play-fighting, which was
“the only thing” he could “think of.” Following the interview, Investigator Andrews met
with the prosecutor, and a charging decision was made.
On cross-examination, Investigator Andrews opined that “the forensic interviewer
had a good rapport with” the victim during the interview. He was advised by DCS that the
victim was “super-shy in the home” when they originally spoke with her, so he did not
“push” speaking with the victim any further. Investigator Andrews acknowledged that
there was no “other evidence” uncovered during his investigation besides the victim’s
disclosure during her forensic interview. He also agreed it was “possible that with [the
victim’s] age group, that something like the horseplaying or . . . the changing the diaper
could be a possible explanation . . . for something like that happening.” Thereafter, the
State rested its case-in-chief.
The Defendant made a motion for judgment of acquittal. The trial court denied the
motion, determining that the evidence was sufficient to proceed: “[T]he essential elements
of the offense, uh, were established, uh, particularly from the minor child in this case, that
. . . [the Defendant] . . . touched her, uh—uncomfortable and she later explained it was her
front private parts.”
Thereafter, Ms. Dickson was recalled as a defense witness. Ms. Dickson believed
that the victim had several bladder infections prior to December 2, 2023 . She explained
that the victim “was always talking about being itchy and hurting” in her genital area, and
the victim had developed three or four urinary tract infections during the six months prior
to these allegations being made, which had required medication for the victim.
The Defendant’s sister, Ruby Chantler, testified that the Defendant was “very
caring” and “very good with kids.” The Defendant had lived with her previously, and she
never had any occasion to find him with “inappropriate” material as it pertained to “a minor
child.” She stated that she would trust the Defendant with her own child, including her
ten-month-old son. On cross-examination, Ms. Chantler, despite her previous description
of the Defendant as a caretaker, said that she was not aware of any reason why the
Defendant would have been uncomfortable being alone with the victim prior to December
2, 2023.
The Defendant, who was twenty-four years old at the time of trial, testified in his
own defense, recalling the overnight visit in question. He repeated his work and schedule,
confirming that he was not working on the evening of December 1, 2023, because it was a
Friday. According to the Defendant, he awoke around 6:00 p.m. that day, and the victim
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was there. He went to speak with Ms. Dickson’s mother in her bedroom and then returned
to the bedroom he shared with the victim at roughly 6:30 or 7:00 p.m. The Defendant said
that he played a video game all evening while lying in the recliner in the bedroom, until
approximately 6:00 a.m. the following morning. He only took breaks to use the bathroom
or get some food or drink. At first, the victim stayed in the living room with Ms. Dickson
before they both came into the bedroom around 10 or 11:00 p.m. The victim eventually
went to sleep in her own bed, during which time Ms. Dickson was in the room either using
her phone or watching the Defendant play his video game. At one point in the evening,
according to the Defendant, the victim “jumped off her bed and landed on” Ms. Dickson,
the victim then got in bed with Ms. Dickson, and the victim eventually fell asleep again.
He could not recall any trips by Ms. Dickson to use the bathroom during this time period,
though he believed she must have made one.
The next morning the victim awoke around 6:00 a.m., and after having breakfast,
the victim stayed in the kitchen with Ms. Dickson where they cleaned the dishes. The
Defendant returned to the bedroom alone and briefly played a video game before going to
sleep. When he awoke later that evening, the victim had returned to her own home . The
Defendant denied his ever having touched the victim inappropriately. He said that, while
he sometimes engaged in play-fighting with the victim, he never played with the victim in
any way “that would be outside of the course of what would be considered acceptable.”
On cross-examination, the Defendant agreed that it was “a possibility” he “may have
hit the thigh or something like that” while play-fighting with the victim. He asserted that
he was “good with kids in the sense” that he would “take care of them[,] . . . protect them,
. . . nurture them[,] and stuff like that.” According to the Defendant, he treated the victim
the same as any other child “[f]or the most part[.]” However, if the victim ever needed
anything while she was visiting, the Defendant would “immediately” get Ms. Dickson to
provide whatever care the victim required because he “didn’t feel [he] was responsible for
watching somebody else’s kid[.]”
Thereafter, the defense rested, and the Defendant renewed his motion for judgment
of acquittal, which was denied. Following closing arguments, the trial court charged the
jury. Included within those instructions, the trial court told the jury that they were “the
exclusive judges of the facts in the case[,]” it was their “duty to decide how much weight
to give the direct and circumstantial evidence[,]” and they were “the exclusive judges of
the credibility of witnesses and the weight to be given their testimony.” The jury then
deliberated and found the Defendant guilty of the lesser included offense of aggravated
sexual battery, a Class B felony. See Tenn. Code Ann. § 39-13-504. At a later sentencing
hearing, the Defendant received a sentence of eight years’ incarceration as a Range I,
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standard offender, to be served at a one hundred percent service rate in the Tennessee
Department of Correction.
The Defendant filed a timely motion for new trial, raising the same two issues he
now brings on appeal. At the hearing on the motion for new trial, the trial court first found
that the evidence was sufficient to support the Defendant’s conviction for aggravated
sexual battery. The trial court reasoned that assessment of the victim’s credibility was
within the jury’s purview, and it noted that the jury found the Defendant guilty of a lesser
included offense to the indicted charge of rape of a child. Regarding the Defendant’s
second issue concerning the trial court’s questioning of the victim, the trial court observed
that the five-year-old victim appeared “somewhat nervous” at trial and she was “having a
little difficulty in responding.” The trial court then found the issue to be without merit,
explaining,
Uh, the whole purpose of a trial is to seek the truth . . . for the purposes
of justice—and, . . . the Court’s questions . . . were not leading or intended
to sway the witness in any manner, but simply an open inquiry as to what
happened, who did it, if anybody or anything. And so, I’m not aware of any
case authority that says the Court . . . is prohibited from asking those
questions and, . . . I don’t think the Court’s questioning in this case was
outside the bounds of appropriate determination . . . .
. . . [T]he Court was simply trying to hear from the alleged victim
themselves as to what they say occurred, and then it’s up for the jury to make
the determination whether to believe the testimony or not.
This timely appeal followed.
II. ANALYSIS
A. Sufficiency of the Evidence
The Defendant generally asserts that the evidence was insufficient to su pport the
jury’s verdict because the State failed to meet its burden of proof beyond a reasonable
doubt. In presenting this argument, he notes the victim’s multiple “I forgot” responses, the
State’s leading questions in an effort to elicit information, and Investigator Andrews’
testimony “that it [was] not uncommon for young children to mistake horseplay or other
innocuous contact as sexual contact.” According to the Defendant, “[u]p until” the trial
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court’s questioning of the victim, which was at times leading, “the State did not obtain any
testimony from the [victim] supporting [a] conviction of the Defendant.”
The State responds by asserting that any objection to the leading nature of any
questions is waived, the trial court’s questioning of the victim was proper, and the
Defendant’s sufficiency argument is simply a credibility challenge, which is a matter solely
within the jury’s province. The Defendant, in a reply brief, contends that “the record
contains at best equivocal statements and a cascade of non-responses insufficient to meet
the State’s burden.” He reiterates that “the only detail suggesting sexual contact—under-
clothing touching at the ‘pee-pee’ area—was secured by the judge, not spontaneously
recounted by the [victim] or elicited by the State through non -leading methods.”
The United States Constitution prohibits the states from depriving “any person of
life, liberty, or property, without due process of law[.]” U.S. Const. amend. XIV, § 1. A
state shall not deprive a criminal defendant of his liberty “except upon proof bey ond a
reasonable doubt of every fact necessary to constitute the crime with which he is charged.”
In re Winship, 397 U.S. 358, 364 (1970). In determining whether a state has met this
burden following a finding of guilt, “the relevant question is whether, after viewing the
evidence in the light most favorable to the prosecution, any rational trier of fact could have
found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia,
443 U.S. 307, 319 (1979). Because a guilty verdict removes the presumption of innocence
and replaces it with a presumption of guilt, the defendant has the burden on appeal of
illustrating why the evidence is insufficient to support the jury’s verdict. State v. Tuggle,
639 S.W.2d 913, 914 (Tenn. 1982). If a convicted defendant makes this showing, the
finding of guilt shall be set aside. Tenn. R. App. P. 13(e).
“Questions concerning the credibility of witnesses, the weight and value to be given
the evidence, as well as all factual issues raised by the evidence are resolved by the trier of
fact.” State v. Bland, 958 S.W.2d 651, 659 (Tenn. 1997). Appellate courts do not “reweigh
or reevaluate the evidence.” Id. (citing State v. Cabbage, 571 S.W.2d 832, 835 (Tenn.
1978)). “A guilty verdict by the jury, approved by the trial judge, accredits the testimony
of the witnesses for the State and resolves all conflicts in favor of the theory of the State.”
State v. Grace, 493 S.W.2d 474, 476 (Tenn. 1973). The law provides this deference to the
jury’s verdict because
[t]he jury and the [t]rial [j]udge saw the witnesses face to face, heard them
testify, and observed their demeanor on the stand, and were in much better
position than we are, to determine the weight to be given their testimony.
The ‘human atmosphere of the trial and the totality of the evidence’ before
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the court below cannot be reproduced in an appellate court, which sees only
the written record[.]
Carroll v. State, 370 S.W.2d 523, 527 (Tenn. 1963) (quoting Folk v. Folk, 355 S.W.2d 634,
637 (Tenn. 1962)). Therefore, on appellate review, “the State is entitled to the strongest
legitimate view of the trial evidence and all reasonable or legitimate inferences which may
be drawn therefrom.” Cabbage, 571 S.W.2d at 835.
Initially, we note that the Defendant, in making his sufficiency argument, challenges
the answers received during the trial court’s questioning of the victim, as well as noting
their prejudicial nature. We address the propriety of the trial court’s questioning of the
victim below. Regardless, even if certain evidence was inadmissible, the sufficiency of the
evidence “must be examined in light of all the evidence presented to the jury, including
that which is improperly admitted.” State v. Long, 45 S.W.3d 611, 619 (Tenn. Crim. App.
2000) (emphasis added) (first citing Lockhart v. Nelson, 488 U.S. 33, 41-42 (1988); and
then citing State v. Longstreet, 619 S.W.2d 97, 100-01 (Tenn. 1981)). Moreover, we agree
with the State that the Defendant has waived any potential challenge to the leading nature
of certain questions by failing to raise such an objection in the trial court. See Tenn. R.
Evid. 103(a)(1) (stating that an error may not be predicated on a ruling which admits
evidence “unless a substantial right of the party is affected, and . . . a timely objection or
motion to strike appears of record, stating the specific ground o f objection if the specific
ground was not apparent from the context”); State v. Reynolds, 635 S.W.3d 893, 930 (Tenn.
2021) (“Tennessee law requires a timely and specific objection in the trial court to preserve
an evidentiary issue for appellate review.”).4 Accordingly, any answers received from the
victim through leading questions or the trial court’s inquiry can all be properly considered
by this court in performing a sufficiency analysis.
As relevant to this appeal, aggravated sexual battery includes “unlawful sexual
contact with a victim by the defendant or the defendant by a victim . . . [when t]he victim
is less than thirteen (13) years of age.” Tenn. Code Ann. § 39 -13-504(a)(4). Sexual contact
includes
4 In his presenting both of his arguments in his appellate briefs, the Defendant frequently notes the
leading nature of the questions posed to the victim by both the trial court and the State. However, even in
his reply brief, the Defendant does not request plain error review of the leading nature of any particular
questions posed to the victim. Instead, the Defendant vaguely responds to the State’s waiver argument:
“Efficiency cannot justify supplying the prosecution’s missing proof. Nor does the absence of a
contemporaneous objection to leading cure structural prejudice when the judge’s own questioning is the
source of the crucial evidence[.]” Accordingly, we decline to review any stand-alone error in regard to
leading questions for plain error. See State v. Morgan, 727 S.W.3d 182, 198 (Tenn. Crim. App. 2025).
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the intentional touching of the victim’s, the defendant’s, or any other person’s
intimate parts, or the intentional touching of the clothing covering the
immediate area of the victim’s, the defendant’s, or any other person’s
intimate parts, if that intentional touching can be reasonably construed as
being for the purpose of sexual arousal or gratification[.]
Id. § -501(6). Intimate parts include “the primary genital area, groin, inner thigh, buttock
or breast of a human being[.]” Id. § -501(2).
Here, while the Defendant correctly notes that the victim gave multiple “I forgot”
responses at trial, she also testified to the following. The victim described the sleeping
arrangements when she spent the night at her grandparents’ house at the age of four. She
recalled that she slept in the same room with the Defendant and Ms. Dickson at that time ,
and they played games and had fun initially. The victim confirmed that she no longer saw
the Defendant, which made her “[h]appy” because he had “made [her] feel uncomfortable.”
The victim was able to identify her “private parts” as the part of one’s body used “to go to
the bathroom” and where one “pee[d].” The victim provided a verbal affirmative response
when asked if “anyone [had] ever touched [her] private parts” and then pointed to the
Defendant in the courtroom as the responsible party. She explained that the Defendant had
“touch[ed] it” underneath her clothing with “[h]is finger,” which felt “[w]eird.” The victim
indicated that this incident happened while Ms. Dickson was cooking and her grandparents
were in their bedroom.
Additionally, the victim recalled later talking about the events with her mother, and
her mother confirmed the discussion. The victim’s mother further testified that, before
December 1, 2023, the victim was a “very social little girl” but, afterwards, the victim
became “scared to go anywhere.” The victim had also regressed in her “potty-training” in
that she was no longer able to control her bladder. The victim suffered from multiple
urinary tract infections following this event, which were not common previously. Ms.
Dickson confirmed that, at one point during the December evening in question, she did
take a bathroom break alone for about five minutes. Investigator Andrews indicated that,
during the victim’s forensic interview, she made an allegation of inappropriate sexual
touching at the hands of the Defendant that “hurt.” Investigator Andrews also explained
that, while there were plausible explanations for the victim’s allegations, four-year-olds do
not generally “have the knowledge base to construct” such a ccusations.
The Defendant was described “as nurturing” and “a caretaker,” and he averred that
he treated the victim the same as any other child “[f]or the most part[.]” However, he stated
that, if the victim ever needed anything while staying at the residence, he “immediately”
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went to Ms. Dickson because he did not feel that that victim was his responsibility to care
for. In a similar context, the Defendant’s sister testified that she could not think of any
reason why the Defendant would have been uncomfortable being alone with the victim
prior to December 2, 2023, given his caring and nurturing nature.
The Defendant, during his interview with Investigator Andrews, also attempted to
distance himself from the victim. He told Investigator Andrews that he never had provided
the victim with any hygienic care and that they were “[n]ever in [their shared] bedroom
alone” despite the abundant amount of time the victim stayed at her grandparents’ house.
The Defendant subsequently recalled one occasion where he was briefly alone with the
victim in their shared bedroom when the victim came in to change her shirt. The victim’s
changing of her shirt in front the Defendant made him “very uncomfortable” because she
was “a growing kid,” to such an extent that he decided to inform Ms. Dickson of the
incident. Eventually, the Defendant acknowledged, both at trial and during his interview
with Investigator Andrews, that it was possible for an accidental touching t o have occurred
during one of his play-fights with the victim. Though, despite this possibility, the
Defendant said to Investigator Andrews that he had “never even pick[ed] up” the victim
during these times.
Ms. Dickson also, through her testimony, attempted to separate the victim from the
Defendant and the potential time they spent alone together in the residence. Ms. Dickson
indicated that she often had difficulty sleeping and that the victim was most always
supervised by her while in the residence. Ms. Dickson denied there was ever a time when
she and the victim were both asleep while the Defendant was awake playing video games,
and she refuted the possibility of her ever dozing off “here or there.” In addition, Ms.
Dickson said that she had stayed awake for twenty-fours over the night in question. These
attempts at distancing by the Defendant and Ms. Dickson sometimes strained the depths of
logic. For example, Ms. Dickson said that she was “[p]retty much always” present with
the victim in the bedroom while the victim was jumping back and forth between the beds
and the Defendant was sleeping. However, the victim testified to at least one occasion
when she was “jumping back and forth” between the two beds, but she was alone in the
bedroom with the Defendant.
Tennessee courts have consistently observed that a minor victim’s testimony alone
regarding sexual contact is sufficient to support a conviction for a sexual offense. State v.
Elkins, 102 S.W.3d 578, 582-83 (Tenn. 2003) (holding that a child rape victim’s testimony
was sufficient to support the conviction, despite some inconsistencies in the victim’s
testimony); State v. Bonds, 189 S.W.3d 249, 256 (Tenn. Crim. App. 2005) (“It is well-
settled