State of Tennessee v. Dennis Morgan - Dissenting

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs December 4, 2002 STATE OF TENNESSEE v. DENNIS MORGAN Direct Appeal from the Criminal Court for Shelby County No. 98-04904 John P. Colton, Judge No. W2001-00125-CCA-R3-CD - Filed March 27, 2002 David G. Hayes, J., dissenting. I am unable to join with the majority’s holding that the jury instructions as submitted “deprived the defendant of right to present a defense.” First, I find the defendant to be the beneficiary of a gratuitous self-defense instruction based upon the proof introduced at trial. Not every cry of fear…