proposed jury instruction in Tennessee

2019In his written motion submitted to the trial court, Defendant proffered the following proposed jury instruction, derived from Sherelis v. State, 498 N.E.2d 973, 978 (Ind. 1986): You are instructed that it is a basic rule of criminal justice that criminal statutes be strictly construed, and their ambiguities, if any, resolved in favor of the accused and against the State.

2017See White, 254 S.W.3d at 417 (citing Godbee, 213 S.W.3d at 882). 23 supported a decision by the trial court to give the proposed jury instruction on superseding cause.13 This conclusion, however, does not end our inquiry.

2014Defense counsel later submitted a proposed jury instruction for employment of a firearm during the commission of a dangerous felony, which included a definition of the terms “actual possession” and “constructive possession,” as set forth in State v. Shaw, 37 S.W.3d 900, 903 (Tenn.2001).

2014The Defendant asked that the instruction also include the following language: “One’s mere presence in an area where an object is discovered, or one’s mere association with a person who is in possession of an object, is not alone sufficient to support a finding of constructive possession.” (Emphasis omitted) (quoting Shaw, 37 S.W.3d at 903 ).

2005Defendants have a “constitutional right to a correct and complete charge of the law.” State v. Teel, 793 S.W.2d 236, 249 (Tenn. 1990).

2002The appealing party has a “duty to prepare a record which conveys a fair, accurate and complete account of what transpired with respect to the issues forming the basis of the appeal.” State v. Ballard, 855 S.W.2d 557, 560 (Tenn. 1993); see also T.R.A.P. 24.

1996State v. Smith, 656 S.W.2d 882, 888-89 (Tenn.Crim.App.1983) (trial court properly rejected a proposed jury instruction that the defendant was not liable for willful wrongdoing if he acted on the advice of his attorney); Garrett v. Forest Lawn Memorial Gardens, Inc., 588 S.W.2d 309, 315 (Tenn.Ct.App.1979) (the defense of acting under the advice of counsel is not sufficient to prevent a finding of guilt in either a civil or criminal contempt ease); Robinson v. Air Draulics Eng’g Co. Inc., 214 Tenn. 30, 36 , 377 S.W.2d 908, 911 (1964); 11 Tenn.Jur., § 8 at 293 (Michie 1992).

1996State v. Smith, 656 S.W.2d 882, 888-89 (Tenn.Crim.App.1983) (trial court properly rejected a proposed jury instruction that the defendant was not liable for willful wrongdoing if he acted on the advice of his attorney); Garrett v. Forest Lawn Memorial Gardens, Inc., 588 S.W.2d 309, 315 (Tenn.Ct.App.1979) (the defense of acting under the advice of counsel is not sufficient to prevent a finding of guilt in either a civil or criminal contempt ease); Robinson v. Air Draulics Eng’g Co. Inc., 214 Tenn. 30, 36 , 377 S.W.2d 908, 911 (1964); 11 Tenn.Jur., § 8 at 293 (Michie 1992).

1996State v. Smith, 656 S.W.2d 882, 888-89 (Tenn.Crim.App.1983) (trial court properly rejected a proposed jury instruction that the defendant was not liable for willful wrongdoing if he acted on the advice of his attorney); Garrett v. Forest Lawn Memorial Gardens, Inc., 588 S.W.2d 309, 315 (Tenn.Ct.App.1979) (the defense of acting under the advice of counsel is not sufficient to prevent a finding of guilt in either a civil or criminal contempt ease); Robinson v. Air Draulics Eng’g Co. Inc., 214 Tenn. 30, 36 , 377 S.W.2d 908, 911 (1964); 11 Tenn.Jur., § 8 at 293 (Michie 1992).

1996State v. Smith, 656 S.W.2d 882, 888-89 (Tenn.Crim.App.1983) (trial court properly rejected a proposed jury instruction that the defendant was not liable for willful wrongdoing if he acted on the advice of his attorney); Garrett v. Forest Lawn Memorial Gardens, Inc., 588 S.W.2d 309, 315 (Tenn.Ct.App.1979) (the defense of acting under the advice of counsel is not sufficient to prevent a finding of guilt in either a civil or criminal contempt ease); Robinson v. Air Draulics Eng’g Co. Inc., 214 Tenn. 30, 36 , 377 S.W.2d 908, 911 (1964); 11 Tenn.Jur., § 8 at 293 (Michie 1992).