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Posted by: Stacey Shrader Joslin on Apr 24, 2014

Head Comment: With Concurring & Dissenting Opinion

Court: TN Court of Criminal Appeals

Attorneys 1:

James P. Coleman (on post-conviction appeal) and Charles Mitchell (at post-conviction hearing), Memphis, Tennessee, for the appellant, Rashe Moore.

Attorneys 2:

Robert E. Cooper, Jr., Attorney General and Reporter; Clark B. Thornton, Senior Counsel; Amy P. Weirich, District Attorney General; Charles Summers and David Zak, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge(s): THOMAS

In this post-conviction appeal, the Petitioner contends that he received the ineffective assistance of counsel at trial because trial counsel was deficient in failing to file a written motion requesting jury instructions on lesser-included offenses and that this failure resulted in prejudice because it precluded appellate review of the trial court’s refusal to instruct the jury on any lesser-included offenses. After a review of the record and the applicable authorities, we reverse the judgment of the post-conviction court with respect to trial counsel’s failure to file a written motion requesting an instruction on lesser-included offenses of especially aggravated kidnapping. We affirm the judgment in all other respects.