Ellis Junior Burnett v. State of Tennessee - Concurring

Case Number
M2007-00572-CCA-R3-PC

I agree with the results reached and most of the reasoning in the majority opinion. However, I respectfully disagree with the majority opinion’s conclusion that the fact that the trial court had a duty to instruct the jury on applicable lesser included offenses foreclosed a claim of ineffective assistance of counsel based upon counsel’s failure to request such instructions.

Authoring Judge
Presiding Judge Joseph M. Tipton
Originating Judge
Judge Don R. Ash
Case Name
Ellis Junior Burnett v. State of Tennessee - Concurring
Date Filed
Dissent or Concur
This is a dissenting opinion
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