TBA Law Blog

TBA Law Blog

Supreme Court: Defendant Entitled to Jury Instruction When Fairly Raised by Evidence

Posted by: Kate Prince on Oct 25, 2019

The Tennessee Supreme Court clarified today that a defendant is entitled to a jury instruction on the defense of necessity when it is fairly raised by the evidence presented at trial, regardless of whether the instruction is requested in writing. Defendant Brandon Cole-Pugh was charged with being a felon in possession of a handgun. Cole-Pugh was involved in a physical altercation at a convenience store when another individual dropped a handgun on the floor. The defendant picked up the gun and exited the store, but before leaving the scene, someone procured a second handgun and two individuals were shot. A Madison County trial court denied defense counsel’s oral request for an instruction on the defense of necessity, after which a jury convicted the defendant. Read the unanimous opinion authored by Justice Roger Page.

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