State of Tennessee v. Ernest Edward Wilson - Concurring and Dissenting

Although I agree with Judge Welles that it is problematic to use voluntary
manslaughter as the intermediate offense for the purposes of applying the Williams harmless error rule, I concur with Judge Riley in affirming the conviction, based on the facts of the present case and the defendant’s use of those facts in formulating a theory of defense. Given the facts, the defendant’s theory of defense, and the jury’s verdict of second-degree murder, I conclude that the failure to charge the included offenses lesser than voluntary manslaughter was harmless error.