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State v. Wilmoth11/6/2003
The victim in this case, 27-year-old Quinn Mansfield, testified at the defendant's trial that on March 23, 2001, he resided at 116-A Hickory Grove, a duplex apartment, in Clarksville. He testified that in approximately late January 2001, the defendant, who needed a place to live, moved into the apartment. Although the two men had engaged in a homosexual relationship, the victim testified that for the month prior to March 23 they had been merely friends and roommates.
The defendant was employed by a firm performing contract communications installations at nearby Fort Campbell. At midday on March 23, the victim talked to the defendant by phone and told him about going the previous night to the bar where the victim had once been employed. He testified that the defendant returned home from work about 5:00 or 5:30 p.m., and the victim showed the defendant how to "burn" compact disks on the defendant's new computer. The defendant prepared dinner; the pair ate together and engaged in idle conversation. The victim testified that, when he told the defendant that he planned to reclaim his old job at the bar, the defendant disapproved because he did not get along with the bar's owner. Nevertheless, no argument ensued, and the defendant told the victim that he could do whatever he wanted.
Later in the evening, the victim said that he was going to take a shower and go to the bar. The defendant said he was retiring for the night. The victim testified that he closed the bathroom door and began showering. The defendant entered the bathroom, and the victim told him to leave. The victim testified that the defendant told him not to worry about it, and then the fully-clothed defendant entered the shower and began stabbing the victim in the abdomen with a knife. As the victim turned to get away, the defendant cut his throat. Then, as the victim turned again and began screaming, the defendant stuck the knife down the victim's throat. Ultimately, the victim escaped and ran to a neighbor's apartment for assistance. The victim then went to a hospital, where he was treated for four days.
The victim testified that his intestines extruded from the abdominal knife wounds, that he sustained two or three slices to his neck, and that the back of his throat bled and hurt from the knife insertion.
The victim testified that the defendant used a dull chef's knife that he had taken from the bottom of a kitchen drawer. Also, the victim's dog, which had the run of the house and was protective of the victim, was whining just before the defendant came into the bathroom.
The victim admitted on cross-examination that he had filed a personal injury lawsuit against the defendant. Also, he admitted that earlier on March 23, 2001, he had smoked marijuana.
The victim's neighbor, Michael Shrum, testified that on March 23, 200l, he heard a person screaming and the dog "going crazy" in the victim's apartment. Mr. Shrum was about to call 911 when the victim came running in, wearing only a towel and covered in blood. Mr. Shrum then called 911, and the victim waited outside for the medical personnel to arrive. Mr. Shrum did not see the defendant around the apartment at that time.
Clarksville Police Officer William Nalley responded to the March 23 call at 116 Hickory and found the victim standing outside, holding in part of his intestines. A knife was lying nearby.
The defendant did not testify at trial. The jury found the defendant guilty of attempted second-degree murder.
In the defendant's first issue, he complains that he was denied his right to effective assistance of trial counsel. Specifically, he claims that his trial counsel was in
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