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Citations

  • 81 S.W.3d 781
  • 2002 Tenn. Crim. App. LEXIS 332

How courts have described this case

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

  • recognizing that a faulty mens rea instruction will be harmless error in many homicide trials
  • concluding that “the mens rea of the defendant was indeed the disputed issue at trial,” and therefore error in instruction on mens rea could not be harmless
  • concluding that first degree premeditated murder, a knowing second degree murder, voluntary manslaughter, reckless homicide and criminally negligent homicide are “result-of-conduct offenses”; Appendix of a proper jury charge included
  • concluding that an error in instructing the jury on nature-of- conduct rather than result-of-conduct language was not harmless beyond a reasonable doubt when “the mens rea of the defendant was indeed the disputed issue at trial”
  • stating that “[i]f a culpable mental state is not specified [in the statute defining the offense], then intentional, knowing, or reckless will generally suffice”
  • suggesting that the jury be instructed that “‘[k]nowingly’ means that a person acts with an awareness that [his] [her] conduct is reasonably certain to cause the death of the alleged victim”

Source: CourtListener parenthetical corpus (CC0).

Judges: Joe G. Riley

Read full opinion on CourtListener

Cited by

177 cases in this archive cite this case; the 20 most cited are listed.

Cites

8 cases in this archive are cited by this case.

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