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McKenney v. State

The victim's testimony and circumstantial evidence supported the defendant's convictions.

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Following a jury trial, Vance McKenney appeals his conviction of aggravated assault, rape, and kidnapping, contending 1 that the evidence was insufficient to support the verdict, 2 that he received ineffective assistance of counsel, and 3 that he was denied due process by the prosecutor’s cross-examination of a witness resulting in her confusion. Finding no merit to his arguments, we affirm. Viewed in favor of the verdict,1 the evidence shows that after amicably breaking up with a woman whom he dated, McKenney visited her residence in a rage. He accused her of having him arrested, cursed her for ruining his life, and told her he was going to “fk up” her life and kill her. He jerked the telephone off of the wall and hit the woman in the face with his fists. He attempted to choke her with his arm, then the shower curtain, and then a shirt. Unable to choke her, McKenney forced the woman to disrobe, cutting her clothes off with a knife and binding her hands with a belt. He then told her to stand still while he threw a butcher knife at her, missing. McKenney then pulled the woman to her bedroom where he forced her to have intercourse with him.2 McKenney then told her they were both going to die, “but I can’t do it sober,” so he forced her to join him on a car trip to obtain alcohol and drugs. Having done so, McKenney later dropped the woman off at her residence and told her not to contact anyone. When McKenney was safely out of sight, the woman contacted a neighbor who called the police.

McKenney was later arrested and charged with aggravated assault, aggravated sodomy, rape, kidnapping, and theft by taking. He was convicted of all but the aggravated sodomy charge verdict of not guilty and theft by taking nolle prossed. Following the denial of his motion for new trial, he filed this appeal.

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