State of Tennessee v. Jeffery Lee Mason - Dissenting

Case Number
M2002-01709-CCA-R3-CD

I am unable to join with the majority in concluding that the evidence is sufficient to support the defendant’s conviction for attempted voluntary manslaughter and that an instruction on this offense was warranted under the facts of this case. I find nothing in the record which establishes that, at the time of the attempted homicide, the defendant was “in a state of passion produced by adequate provocation sufficient to lead a reasonable person to act in an irrational manner.” Tenn. Code Ann. § 39-13-211(a) (2003). Accordingly, I respectfully dissent on the majority’s application of both the law and facts

Authoring Judge
Judge David G. Hayes
Originating Judge
Judge Stella L. Hargrove
Case Name
State of Tennessee v. Jeffery Lee Mason - Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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