Sanctions for Discovery- Related Matters

Unless otherwise indicated, all indented material is copied directly from the court’s opinion.

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Criminal Appeals

State v. Duncan, No. E2022-00647-CCA-R3-CD, p. 9 (Tenn. Ct. Crim. App. Feb. 17, 2023).

Trial courts may enter scheduling orders regulating the exchange of pretrial discovery, Tenn. R. Crim. P. 16(d), and, indeed, the court’s entry of such orders may help facilitate its “obligation to manage [its] dockets in a timely manner,” see State v. Davis, 466 S.W.3d 49, 79 (Tenn. 2015) (Lee, J., concurring). Where the trial court enters such an order, it has “wide discretion in fashioning a remedy for non-compliance with a discovery order[.]” State v. Downey, 259 S.W.3d 723, 737 (Tenn. 2008); State v. Collins, 35 S.W.3d 582, 585 (Tenn. Crim. App. 2000) (“In examining failure to comply with discovery, we have emphasized that a trial court has great discretion in fashioning a remedy for non-compliance with discovery.”).


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