Court of Criminal Appeals of Tennessee· 3/14/1995

State v. Gilliam

Citations

901 S.W.2d 385
1995 Tenn. Crim. App. LEXIS 216

How courts have described this case

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

holding that under the test of Howard v. State, 578 S.W.2d 83 (Tenn. 1979
adjudicating a 1990 offense and holding that second degree murder is not a lesser included offense of felony murder
applying the test of Howard v. State, 578 S.W.2d 83 (Tenn. 1979)
stating district attorneys have broad discretion in determining what crime to charge
stating district attorneys have broad discretion in determining what crime to charge
where initial prosecution for first degree felony murder was “tenuous at best,” subsequent attempt to prosecute for second degree murder, which was then held to be not a lesser-included offense of felony murder, was barred by rule 8(a)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hayes, Scott, White

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Cites

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