Case Number
W2013-00674-CCA-R3-PC
I concur with the majority opinion except for one issue. I respectfully disagree with the majority’s conclusion that the failure to instruct the jury on the lesser-included offense of aggravated kidnapping constitutes reversible error in this post-conviction case. Such a failure to charge a lesser-included offense is harmless beyond a reasonable doubt when no reasonable jury would have convicted the petitioner of the lesser-included offense. State v. Banks, 271 S.W.3d 90, 126 (Tenn. 2008).
Originating Judge
Judge W. Otis Higgs
Case Name
Rashe Moore v. State of Tennessee-Concurring In Part, Dissenting In Part
Date Filed
Dissent or Concur
This is a dissenting opinion
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