Case Number
E2004-00266-CCA-R3-CD
I join Judge Hayes in concurring in the result regarding the trial court’s failure to instruct on lesser included offenses. I believe that an analysis of various jury instructional errors suggests that the legislature was empowered to enact the 2001 amendment (effective 2002) to Tennessee Code Annotated section 40-18-110.
Originating Judge
Judge Rex Henry Ogle
Case Name
State of Tennessee v. Mitchell Presnell - Concurring
Date Filed
Dissent or Concur
No
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