State v. Burkley
Court of Criminal Appeals of Tennessee
1Opinion of the Court
OPINION
WADE, Judge.
The defendant, Henry Lee Burkley, was convicted of first degree burglary. An especially mitigated offender, he was ordered to serve five years in the county jail.
In addition to contesting the sufficiency of the evidence, the defendant claims the trial court committed error by (1) permitting the state to amend the indictment and (2) by refusing the defendant’s request for a special jury instruction. We find merit to the second issue, vacate the conviction, and remand for a new trial.
Around 2:00 in the morning, the defendant forcibly removed a screen from a window and entered…
Also in this document: Concurrence.
2Cases cited11 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- State v. CabbageTennessee Supreme Court · 1978
- State v. GraceTennessee Supreme Court · 1973
- State v. ThompsonTennessee Supreme Court · 1975
- State v. KnightTennessee Supreme Court · 1981
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. ChrismanCourt of Criminal Appeals of Tennessee · 1994
- State v. StoddardCourt of Criminal Appeals of Tennessee · 1994
- Ralph Thompson, Jr. v. State of TennesseeCourt of Criminal Appeals of Tennessee · 2002
- State of Tennessee v. Anthony Eugene YoungCourt of Criminal Appeals of Tennessee · 2010
- State of Tennessee v. David LunsfordCourt of Criminal Appeals of Tennessee · 2001
12 more not listed; retrieve them via the Exa API.