STATE of Tennessee v. Phedrek T. DAVIS

IN THE SUPREME COURT OF TENNESSEE AT NASHVILLE June 4, 2008 Session STATE OF TENNESSEE V. PHEDREK T. DAVIS Appeal by permission from the Court of Criminal Appeals Criminal Court for Davidson County No. 2003-D-2992 Seth Norman, Judge No. M2006-00198-SC-R11-CD - Filed October 17, 2008 GARY R. WADE, J., concurring. The specific question presented for our review is whether the acquittal-first jury instruction, in the context of the right to a complete charge on the count in the indictment as well as any and all lesser-included offenses supported by the evidence at trial, either is violative of…