Tag Archives: Criminal Procedure

Tennessee Supreme Court holds that a special jury instruction is not required when a defendant is charged with kidnapping and robbery of separate victims.

Constitutional Law, Criminal Procedure, , , , ,

By Daniel A. Horwitz

A special jury instruction is not required when a defendant is charged with kidnapping and robbery of separate victims, the Tennessee Supreme Court has held.

The Tennessee Supreme Court had previously held that in order to protect a defendant’s right to due process under the Tennessee Constitution, a special jury instruction is required in certain cases involving both kidnapping and a more serious criminal offense, such as robbery, burglary or rape.  The basis for this special jury instruction – which is known as a “White” instruction in light of the eponymous Tennessee Supreme Court case State v. White[1] – traces back to the Tennessee Supreme Court’s earlier decision in the 1991 case State v. Anthony.[2]  In Anthony, the Tennessee Supreme Court recognized that “the offense of kidnapping. . . at times ‘could literally overrun several other crimes, notably robbery and rape, and in some circumstances assault, since detention and sometimes confinement, against the will of the victim, frequently accompany these crimes.’”[3]

Stated differently, because “[i]t is a common occurrence in robbery, for example, that the victim be confined briefly at gunpoint or bound and detained,” the Anthony court expressed concern that a defendant could be convicted for two separate crimes –kidnapping as well as a more serious crime – when the defendant had only truly committed the more serious crime.[4]  In other words: “Where a defendant is charged with kidnapping and an accompanying offense involving some confinement . . . , there are appropriate due process concerns that the defendant could be convicted of two crimes—e.g. robbery and kidnapping—when he has only committed one crime—robbery.”[5]  More simply, as one Court of Criminal Appeals Judge once explained the issue:  “I do not believe the legislature intended robbers to be prosecuted as kidnappers.”[6] Continue reading Tennessee Supreme Court holds that a special jury instruction is not required when a defendant is charged with kidnapping and robbery of separate victims. →

Tennessee Supreme Court denies inmates’ request to challenge constitutionality of the electric chair, but holds that they will have the opportunity to do so in the future.

Constitutional Law, Criminal Procedure, , , , ,

By Daniel A. Horwitz

[Disclosure:  The author was represented as an amicus curiae in this case as one of twenty-two members of the Tennessee Bar Association, and he has previously written about and spoken about his opposition to capital punishment on several occasions.]

In the latest round of litigation over the constitutionality of Tennessee’s death penalty protocol, thirty-five death-sentenced inmates[1] filed a lawsuit against several Tennessee prison officials challenging the constitutionality of the electric chair as a method of execution.  The inmates’ claims in this particular case arose out of Tennessee’s “Capital Punishment Enforcement Act” (CPEA), which is codified at Tenn. Code Ann. § 40-23-114(e).  Following nationwide difficulties securing the chemicals necessary to implement Tennessee’s pre-existing lethal injection protocol, the state legislature enacted the CPEA in 2014 in an effort to permit the use of the electric chair as an alternative method of execution should the requisite lethal injection chemicals be unavailable.

The Government opposed the inmates’ challenge to the constitutionality of the electric chair in part on the basis that Continue reading Tennessee Supreme Court denies inmates’ request to challenge constitutionality of the electric chair, but holds that they will have the opportunity to do so in the future. →

Tennessee’s Double Jeopardy standard may be applied retroactively, holds Tennessee Supreme Court

Constitutional Law, Criminal Procedure, , , , ,

By Daniel A. Horwitz:

On May 27, 2010, Terrence Feaster savagely beat his housemate, dragged her into a bedroom, tied her feet to an entertainment center, and threatened to kill her if she moved.  Mr. Feaster was subsequently arrested and indicted for his crimes.  Following a trial, a jury convicted him of voluntary manslaughter, aggravated assault, and false imprisonment.  Over Mr. Feaster’s objection, the trial court declined to “merge” any of his convictions, meaning that it did not eliminate any of them for being duplicative.

Approximately two years after Mr. Feaster’s crimes, the Tennessee Supreme Court decided State v. Watkins.[1]  Watkins adopted a new test for determining when multiple convictions for offenses that arise under different statutes must be merged in order to avoid violating Tennessee’s Double Jeopardy clause.[2]  Importantly, Watkins also expressly abandoned the earlier (four-factor) merger test that the Tennessee Supreme Court had established in State v. Denton.[3]   For various reasons, the Denton rule was more favorable to criminal defendants than the Watkins rule, which is now in effect today.  Under the current Watkins standard, courts must conduct the following three-factor inquiry to determine whether a defendant’s convictions must be merged:

First: “Tennessee courts must focus upon ascertaining legislative intent.  If the General Assembly has expressed an intent to permit [or not to permit] multiple punishment, no further analysis will be necessary, and multiple convictions should be upheld against a double jeopardy challenge.”[4]

Second: Continue reading Tennessee’s Double Jeopardy standard may be applied retroactively, holds Tennessee Supreme Court →

No, the Double Jeopardy Clause does not prevent re-trial in the Vanderbilt rape case.

Constitutional Law, Criminal Procedure, , , , ,

By Daniel A. Horwitz

Yesterday, Judge Monte Watkins declared a mistrial in the consolidated prosecutions of Cory Batey and Brandon Vandenburg, which have come to be known collectively as “the Vanderbilt rape case.”  Judge Watkins’ eight-page mistrial order is accessible here.  As explained in detail in this post from last week, Tennessee law presumes jurors to be biased when they give false statements or fail to be forthcoming in response to questions asked during jury selection, and under such circumstances, a new trial is appropriate regardless of the strength of the evidence that was presented.   In this case, the juror in question appears to have lied several times in response to a wide array of questions that he was asked during voir dire.  For example, in page six of Judge Watkins’ ruling, he explains: “[I]t would be difficult to believe that Juror #9 did not [recall] his involvement in a statutory rape case when sexual assault, rape, and unwanted sexual touching [were] mentioned over one hundred and four times during the course of voir dire.”

Following Judge Watkins’ mistrial declaration, several observers have inquired whether the Double Jeopardy clause of the Fifth Amendment prohibits the government from re-trying the two defendants.  It does not.  According to the U.S. Supreme Court, barring bad-faith or prosecutorial misconduct, “a mistrial ruling explicitly contemplates reprosecution of the defendant.”  United States v. Jorn, 400 U.S. 470, 476 (1971).  As the Supreme Court has explained: Continue reading No, the Double Jeopardy Clause does not prevent re-trial in the Vanderbilt rape case. →

SCOTUS Decision Day Roundup: A Criminal Justice and First Amendment Jubilee

Constitutional Law, Criminal Procedure, First Amendment, SCOTUS, ,

By Daniel A. Horwitz

The Supreme Court of the United States issued six opinions today, several of which may affect the development of Tennessee law or pending Tennessee cases.  The day’s opinions were largely centered on criminal justice and first amendment issues, and their holdings were as follows: Continue reading SCOTUS Decision Day Roundup: A Criminal Justice and First Amendment Jubilee →

Tennessee Supreme Court Holds that a Witness’s Claim of Memory Loss Concerning Prior Statements Can Trigger Hearsay Exceptions and that Inconsistent Verdicts Are Acceptable

Criminal Procedure, Evidence, ,

Guest Post by Memphis Attorney Neil Umsted

A witness’ claimed lack of memory at trial, whether legitimate or feigned, will trigger a number of rules that can allow that witness’ prior statements to be introduced as substantive evidence, the Tennessee Supreme Court held in State v. Marlo Davis, W2011-01548-SC-R11-CD.  Moreover, the Court held that so-called “inconsistent verdicts” will not, standing alone, entitle a defendant to any relief.

Marlo Davis was indicted along with a co-defendant for felony murder and premeditated murder—alternative theories of guilt for the homicide of a single victim. At trial, one of the State’s key witnesses, Jarcquise Spencer, testified that he did not recall witnessing the shooting, that he did not recall identifying the Defendant as the shooter in a statement to police, and that he did not recall testifying at the preliminary hearing in the case.  The trial court, convinced that Spencer was feigning his memory loss, allowed the State to introduce Spencer’s prior statements and prior testimony as proof of the defendant’s guilt.

Continue reading Tennessee Supreme Court Holds that a Witness’s Claim of Memory Loss Concerning Prior Statements Can Trigger Hearsay Exceptions and that Inconsistent Verdicts Are Acceptable →

Juror Bias Under Tennessee Law, and What to Expect in the Vanderbilt Rape Case

Criminal Procedure, , , ,

By Daniel A. Horwitz

[Disclosure:  In a directly related lawsuit, the author filed an amici curiae brief in the Tennessee Supreme Court on behalf of several domestic and sexual violence prevention advocates seeking to protect the private records of the victim in this case.  The author’s brief – which applied only to the civil public records request filed in connection with this case by The Tennessean on behalf of a larger media coalition – is accessible here.]

In Sunday’s Tennessean, Stacey Barchenger provides answers to several questions involving post-trial criminal procedure in the consolidated prosecutions of Cory Batey and Brandon Vandenburg, which have come to be known collectively as “the Vanderbilt rape case.”[1]  Many of the questions that Ms. Barchenger answers in her column concern the alleged biases of one of the jurors who decided the case.  As reported by ABC News, Mr. Todd Easter – who served as the jury’s foreman – was “a victim of statutory rape 15 years ago, . . . but [he] never revealed that information during the jury selection process.”[2]  According to The Tennessean’s reporting, one of the specific questions that Mr. Easter was asked during jury selection was whether he “knew any victims of sexual assault.”[3]

Co-defendants Batey and Vandenburg have both argued that they are entitled to a new trial because Mr. Easter was biased against them but failed to disclose his biases during voir dire (jury selection).  In her article, Ms. Barchenger correctly explains that “[i]f the judge [agrees that] the juror should have disclosed the [fact that he had been raped],” then the judge will “grant a mistrial and set a new trial date.”  On Monday, the parties held an extensive evidentiary hearing concerning Mr. Easter’s potential biases, which will assist the trial court in ruling on the defendants’ motions.

This article attempts to provide a detailed summary of the legal questions that Criminal Court Judge Monte Watkins will have to answer in determining what exactly Mr. Easter “should have disclosed” during jury selection, and whether Mr. Easter was legally biased against the two co-defendants.  Additionally, assuming that Judge Watkins finds that Mr. Easter was indeed biased, this article explains why Mr. Batey and Mr. Vandenburg are entitled to receive a new trial—even though the evidence against them can fairly be characterized as overwhelming.  Continue reading Juror Bias Under Tennessee Law, and What to Expect in the Vanderbilt Rape Case →