State of Tennessee v. George Langford

Supreme Court of Tennessee, at Jackson
994 S.W.2d 126 (1999)

ELI5:

Rule of Law:

A person can be convicted of burglarizing a habitation, even one they previously shared with another, if they no longer have a lawful possessory interest and enter without the consent of the person who is in lawful possession.

Facts:

George Langford had previously lived with his girlfriend, Diana Wilson, at her duplex but had been staying in Mississippi for the preceding two to three weeks.
On April 10, 1995, Langford went to the duplex to retrieve his clothes and see his children, but Wilson, who was the sole lessee, refused him entry.
Suspecting another man was inside, Langford became angry, took a gun, and fired a shot through the living room window near where Wilson was sitting.
At Langford's direction, a friend kicked in the front door, allowing Langford to enter the duplex.
Wilson fled with her son and a 15-year-old visitor, Tamara Gayles, and hid inside a bedroom closet.
Langford entered the bedroom looking for Wilson and fired two or three shots into the closet.
A bullet from Langford's gun struck Tamara Gayles in the temple, killing her.

Procedural Posture:

George Langford was tried before a jury in a Tennessee trial court.
The jury convicted Langford of first degree felony murder, aggravated burglary, aggravated assault, and reckless endangerment.
Langford appealed his convictions and sentences to the Court of Criminal Appeals of Tennessee.
The Court of Criminal Appeals, an intermediate appellate court, affirmed the trial court's judgment.
The Supreme Court of Tennessee, the state's highest court, granted Langford's appeal to review the case.

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Issue:

Does a defendant commit aggravated burglary by forcibly entering a former residence without the consent of the current lawful possessor, even if the defendant previously lived there and has personal property inside?

Opinions:

Majority - Holder, J.

Yes. A defendant commits aggravated burglary by forcibly entering a residence without the consent of the lawful possessor. The modern burglary statute defines the 'owner' as the 'person in lawful possession,' not necessarily the title holder or a past resident. In this case, Diana Wilson was the sole lessee and thus the only person in 'lawful possession' of the duplex. Langford had no possessory interest and no right to enter after Wilson explicitly refused him consent. Because he entered the habitation without the effective consent of the owner with the intent to commit a felony (aggravated assault), the evidence was sufficient to support the aggravated burglary conviction and, consequently, the felony murder conviction.

Analysis:

This decision clarifies the modern definition of burglary, shifting the focus from historical concepts of occupancy to the statutory standard of 'lawful possession.' It establishes that a person's right to control entry to their home is paramount, even against former cohabitants. The ruling has significant implications for domestic disputes, affirming that a former partner who has no legal right to a residence can be prosecuted for burglary if they force entry, thereby strengthening legal protections for victims of domestic violence.

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