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9 Tennessee opinions name it 2 courts 1998–2016 0 in the last five years
The cases below were cited by Tennessee courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State v. Burnsgreen2 sentences2002In State v. Burns, 6 S.W.3d 453, 466-67 (Tenn.1999), this Court adopted the following test that courts must apply to determine whether an offense is lesser-included: (a) all of its statutory elements are included within the statutory elements of the offense charged; or (b) it fails to meet the definition in part (a) only in the respect that it contains a statutory element or elements establishing (1) a different mental state indicating a lesser kind of culpability; and/or (2) a less serious harm or risk of harm to the same person, property or public interest; or (c) it consists of (1) facilita 2001Counsel for the Defendant requested the instruction at trial, however, the trial judged omitted the instruction on reckless homicide from his jury charge.2 A trial court is under the mandatory duty to instruct the jury on a lesser-included offense, even if such an instruction is not requested, when “any evidence exists that reasonable minds could accept as to the lesser-included offense” and when that evidence is “legally sufficient to support a conviction for the lesser-included offense.” State v. Burns, 6 S.W.3d 453, 469 (Tenn. 1999). | 2 | 3 |
State v. Kendrickgreen2 sentences2016State v. Kendrick, 38 S.W.3d 566, 569 (Tenn. 2001); Burlison v. State, 501 S.W.2d 801, 804 (Tenn. 1973). 2014State v. Kendrick, 38 S.W.3d 566, 569 (Tenn. 2001); Burlison v. State, 501 S.W.2d 801, 804 (Tenn. 1973). | 2 | 2 |
Burlison v. Stategreen2 sentences2016State v. Kendrick, 38 S.W.3d 566, 569 (Tenn. 2001); Burlison v. State, 501 S.W.2d 801, 804 (Tenn. 1973). 2014State v. Kendrick, 38 S.W.3d 566, 569 (Tenn. 2001); Burlison v. State, 501 S.W.2d 801, 804 (Tenn. 1973). | 2 | 2 |
State v. Pagegreen2 sentences2010See Tenn. Code Ann. § 40-18-110 (c) (1997); State v. Page, 184 S.W.3d 223, 229 (Tenn. 2006). 2007At the time of Petitioner’s trial, it was “the trial court’s duty to charge juries as to the law of each offense included in an indictment . . . whether or not a defendant requested such an instruction.” State v. Wilson, 92 S.W.3d 391, 394 (Tenn. 2002) (citing T.C.A. § 40-18-110(c) (1997)); see also State v. Page, 184 S.W.3d 223, 229 (Tenn. 2006) (holding that “[u]nder this prior version of section 40-18-110, a defendant was not required to request a lesser-included instruction to assign as error the trial court’s failure to give such instruction). | 2 | 2 |
State v. Wilsongreen1 sentence2007At the time of Petitioner’s trial, it was “the trial court’s duty to charge juries as to the law of each offense included in an indictment . . . whether or not a defendant requested such an instruction.” State v. Wilson, 92 S.W.3d 391, 394 (Tenn. 2002) (citing T.C.A. § 40-18-110(c) (1997)); see also State v. Page, 184 S.W.3d 223, 229 (Tenn. 2006) (holding that “[u]nder this prior version of section 40-18-110, a defendant was not required to request a lesser-included instruction to assign as error the trial court’s failure to give such instruction). | 1 | 1 |
State v. Howardgreen1 sentence1998Pursuant to T.C.A. § 40-18-110(a), a trial court is required “to charge the jury as to all of the law of each offense included in the indictment, without any request on the part of the defendant to do so.” When the evidence, introduced by either the state or the defendant, is susceptible of inferring guilt of either a lesser grade or lesser included offense, the trial court has a mandatory duty to charge such lesser offense. 31 See T.C.A. § 40-18-110(a); State v. Trusty, 919 S.W.2d 305, 310 (Tenn. 1996); Johnson v. State, 531 S.W.2d 558, 559 (Tenn. 1975); State v. Howard, 926 S.W.2d 579, 585-8 | 1 | 1 |
Johnson v. Stategreen1 sentence1998Pursuant to T.C.A. § 40-18-110(a), a trial court is required “to charge the jury as to all of the law of each offense included in the indictment, without any request on the part of the defendant to do so.” When the evidence, introduced by either the state or the defendant, is susceptible of inferring guilt of either a lesser grade or lesser included offense, the trial court has a mandatory duty to charge such lesser offense. 31 See T.C.A. § 40-18-110(a); State v. Trusty, 919 S.W.2d 305, 310 (Tenn. 1996); Johnson v. State, 531 S.W.2d 558, 559 (Tenn. 1975); State v. Howard, 926 S.W.2d 579, 585-8 | 1 | 1 |
State v. Trustyred1 sentence1998Pursuant to T.C.A. § 40-18-110(a), a trial court is required “to charge the jury as to all of the law of each offense included in the indictment, without any request on the part of the defendant to do so.” When the evidence, introduced by either the state or the defendant, is susceptible of inferring guilt of either a lesser grade or lesser included offense, the trial court has a mandatory duty to charge such lesser offense. 31 See T.C.A. § 40-18-110(a); State v. Trusty, 919 S.W.2d 305, 310 (Tenn. 1996); Johnson v. State, 531 S.W.2d 558, 559 (Tenn. 1975); State v. Howard, 926 S.W.2d 579, 585-8 | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Tennessee. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. King
green
1 sentence1999In King, the defendant requested an instruction on the “possible penalties” as contemplated by Code section 40-35-201(b)(1), but he asked the trial court “to refrain from instructing the jury on parole eligibility, as required by Tenn. Code Ann. § 40-35-201 (b)(2) whenever an instruction is given under (b)(1).” King, 973 S.W.2d at 587 . | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.