State v. Page

Opinion

ADOLPHO A. BIRCH, JR., J.,

delivered the opinion of the court,

in which WILLIAM M. BARKER, C.J., and E. RILEY ANDERSON, JANICE M. HOLDER, JJ., FRANK F. DROWOTA, III, Sp.J. joined.

We granted the State’s application for permission to review this case pursuant to Tennessee Rule of Appellate Procedure 11 in order to determine the constitutionality of Tennessee Code Annotated section 40-18 — 110(c), which provides that failure to request a lesser-ineluded offense instruction in writing waives the right to assign it as an issue in a motion for a new trial or on appeal. We conclude that section…