State of Tennessee v. Ricco R. Williams-Concurring and Dissenting

I respectfully write separately to express departure from the majority with respect to the absence of the White instruction in the especially aggravated kidnapping convictions wherein M.R., K.R., and A.R. were respectively named victims. I emphasize that I do not disagree with the logic underlying the majority’s conclusion that due process principles do not impact these three convictions, the victims of which were not also named victims in accompanying felonies. Rather, I disagree with the implication emanating from Anthony that due process principles constrict the use of kidnapping convictions against victims even though those victims were not victims in any accompanying felony. This vestige of the Anthony regime should be specifically overruled, but I view that as a responsibility of our supreme court.