State of Tennessee v. Henry Eric Nash - Concurring

Case Number
W2004-02403-CCA-R3-CD

I agree with the result reached by the majority. It is my view, however, that the trial court erred by giving the nature of circumstances definition of "knowingly" and the result of conduct definition of "intentionally" in its instructions to the jury. As indicated by the majority, the trial court instructed the jury as follows:
 

Knowingly means that a person acts knowingly with respect to the conduct or circumstances surrounding the conduct when the person is aware of the nature of the conduct or that the circumstances exist. The requirement of knowingly is also established if shown that the defendant acted intentionally.


Intentionally means that a person acts intentionally with respect to the nature of the conduct or the result of the conduct when it's the person's conscious objective or desire to engage in the conduct.

Authoring Judge
Presiding Judge Gary R. Wade
Originating Judge
Judge Joseph H. Walker, III
Case Name
State of Tennessee v. Henry Eric Nash - Concurring
Date Filed
Dissent or Concur
No
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