concluding that failure of trial court to instruct jury on voluntary manslaughter or criminally negligent homicide was not error where the record was devoid of any evidence to support an inference of either lesser offense
How later courts described this case
- concluding that failure of trial court to instruct jury on voluntary manslaughter or criminally negligent homicide was not error where the record was devoid of any evidence to support an inference of either lesser offense
- holding as a matter of state and federal constitutional law that a suspect’s waiver of his Miranda rights was not invalidated because the police failed to tell him that an attorney procured by his family wanted to see him
- holding that a trial court does not err by denying a defense motion for a bill of particulars where the defense is attempting to compel the State to commit to a theory of liability either as a principal or an accessory
- holding that no common-law right of allocution exists in Tennessee because the right is nothing more than an empty formality in light of the criminal defendant’s right to counsel
Written by the judges who cited it.
Later courts went against this
Abrogated on other grounds by State v. Saylor, 2003 Tenn. LEXIS 861 (2003)
878 S.W.2d 530, 541 (Tenn. 1994), abrogated on other grounds by State v. Saylor, 117 S.W.3d 239, 246
The opinion
ORDER ON PETITION FOR REHEARING
PER CURIAM.
The appellant, Jonathan Wesley Stephenson, has filed a petition for rehearing in this cause, which the Court has considered and concludes should be denied.
It is so ORDERED.
DAUGHTREY, J., not participating.