State of Tennessee v. Broderick Devonte Fayne

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that possession of a firearm during the commission of a dangerous felony is a lesser-included offense of employment of a firearm during the commission of a dangerous felony
• holding that the issue was waived because the defendant failed to make a written request for a specific instruction on any lesser included offenses as required by Code section 40-18-110(a)-(c)
• holding that because the employment of a firearm statute did not provide a definition for “employ,” the court had to apply “the natural and ordinary meaning of the words in the statute to give effect to the legislative intent”
• stating that failure to request a lesser included offense instruction in writing does not prohibit “consideration of the issue under the doctrine of plain error”
• stating that possession can be actual, which means having physical control over an item, or constructive, which means having the power and intention to exercise dominion and control over an item

Source: CourtListener parenthetical corpus (CC0).