Kenith Harden v. The State of Texas

Summary

The Texas Eighth Court of Appeals affirmed Kenith Harden’s murder conviction arising from the shooting death of Darion Dixon. The court held that the evidence was legally sufficient to support the conviction and that the evidence independently corroborated the testimony of the alleged accomplice regarding Harden’s connection to the offense. The opinion is a memorandum opinion designated “Do Not Publish.”

Holdings

1. The evidence was legally sufficient for a rational jury to find beyond a reasonable doubt that Harden murdered Dixon.
2. Bush was not shown to be an accomplice, and, in any event, non-accomplice evidence sufficiently tended to connect Harden to Dixon's murder; article 38.14 did not require evidence specifically connecting Harden to the murder weapon.

Questions Presented

1. Whether the evidence was legally sufficient to support Harden's murder conviction, particularly proof that Harden caused Dixon's death.
2. Whether Scott Bush was an accomplice whose testimony required corroboration under Texas Code of Criminal Procedure article 38.14, and whether the non-accomplice evidence tended to connect Harden to the offense.

Disposition

affirmed