Subtitle: Tennessee Appellate Standards of Review in Criminal Cases
What Are "Standards of Review?"
Introduction
Forward by the Justice William C. Koch, Jr. (Ret.)
How To Use This Book
About the Editor
Appeals and Proceedings in the Appellate Courts
Editor's Note About this Chapter
Adequate Record on Appeal
Cumulative Error Doctrine
Death During Appeal - Abatement Ab Initio
Impact of Errors Committed in Trial Court
Indigent Defendants
Interpretation of Statute
Interpretation of Supreme Court Rules
Issues Not Properly Raised And / Or Briefed on Appeal
Jurisdiction of Trial Court to Modify Order
Notice of Appeal- Timeliness
Plain Error Doctrine
Preservation of the Record - Evidence Issues
Record in the Trial Court (Impact of Omissions)
Rule 8 (Interlocutory) Appeal on Bond matters
Rule 9 (Interlocutory) Appeal
Rule 37(b)(2)(A) (Reservation of Right to Appeal Post-Plea)
Subject Matter Jurisdiction
Attorneys
Disqualification of Counsel
Elbow and Standby Counsel
Involuntary Removal of Counsel
Substitution of Counsel – Denial of Motion Requesting
Voluntary Withdrawal of Counsel
Bail and Bond Issues
Bail Surety's Request for Relief From Forfeiture
Revocation of Authority to Write Bonds
Certiorari, Common Law Writ of
Confidential Informants, Identification of
Confidential Informants, Seeking Identity of
Constitutional Issues (state)
Constitutional Challenge to State Statute
Constitutional Interpretation
Continuance of Trial (Grant or Denial of Motion)
Continuance of Trial Date - Grant or Denial
Death Penalty
Death Penalty - Generally
Death Penalty – Proportionality Review
Death Penalty, Sufficiency of Evidence of Aggravating Circumstances
Defenses, Affirmative
Self-Defense
Discovery
Due Process
Rule 16
Sanctions for Discovery- Related Matters
Double Jeopardy – Multiple Convictions
Double Jeopardy - Multiple Convictions
Evidence - Motions to Suppress
Suppress Blood Draw, Motion to
Suppress Confession, Motion to
Suppress Evidence Found at Real Property In Which Defendant Did Not Own, Motion to
Suppress Evidence, Generally
Suppress Eyewitness Identification Testimony, Motion to
Suppress Evidence Found During Impoundment and Search of Vehicle, Motion to
Suppress Polygraph Results
Suppress Results of Line-up or Photo Identification, Motion to
Suppress Results of Search of Defendant’s Home, Motion to
Suppress Statement of Defendant to Police, Motion to (Includes Cases Regarding Request for Counsel)
Suppress Wiretap Evidence, Motion to
Evidence - All Issues Other than those Raised by Motions to Suppress
Brady Issues (During Trial)
Evidence, Authentication of
Evidence, Chain of Custody
Evidence, Exclusion of Evidence of Conduct of Victim
Evidence, Facebook and other Social Media Posts
Evidence, Generally
Evidence, Hearsay
Evidence, Missing or Destroyed (Ferguson Issues)
Evidence, Photographs
Evidence, Prior Inconsistent Statements
Evidence, Other Crimes, Wrongs, or Acts (TRE 404(b)) and TCA Sec. 24-7-125
Evidence - Use of Acquitted Act Evidence
Exclusionary Rule, Good Faith Exception
In Limine, Motion (Generally)
Experts
Experts Generally
Funding of Experts
Mitigation Expert, Failure of the Trial Judge to Appoint
Executive Clemency
Commutations
Pardons
Fingerprint Act (T.C.A. §§ 40-30-401 to -413)
Testing Under Section 405 of Fingerprint Act
Guilty Plea, Withdrawal of
Withdrawal of Guilty Plea Generally.
Habeas Corpus
Habeas Corpus - Generally
Identification of Perpetrator of a Crime
Identification of Perpetrator of Crime
Insanity Defense – Finding of Insanity Required as a Matter of Law
Insanity Defense, Review of Jury's Decision to Reject
Pre-Trial Matters and Motions (Other than Evidence-Related Matters)
Bill of Particulars
Indictment, Amendments to
Judicial Notice
Pretrial Diversion
Recusal of Judge
Sever Counts, Motion to
Sever Defendants, Motion to
Speedy Trial (Alleged Violation of Right to)
Continue, Motion to
Dismiss, Motion to
Grand Jury - Challenging Defects in Grand Jury and Indictment
Change of Venue
Validity of Indictment
Prosecutorial Misconduct
Post-Conviction Relief
Amendment to Petition
Dismissal of Petition by Trial Judge
Failure to Prosecute
Guilty Plea Not Knowing and Voluntary
Ineffective Assistance of Appellate Counsel
Ineffective Assistance of Counsel After Guilty Plea
Ineffective Assistance of Trial Counsel
Juror Misconduct
Motion to Continue Hearing
Post-Conviction Review and Relief, Generally
Tolling of Post-Conviction Statute of Limitations
Post-Trial Matters and Motions
Acquittal, Motion for Judgment of (Post-Trial)
Application of TCA Sec. 39-13-518(f) (CSAC Conviction)
Brady Issues, (Post-Trial, Post-Sentencing)
Motion for New Trial (Role of Judge as 13th Juror)
Post Conviction DNA Analysis
Rule 36- Clerical Mistakes
Writ of Error Coram Nobis
Writ of Error Coram Nobis - Statute of Limitations
Probation and Parole
Parole
Probation, Denial of
Probation Eligibility
Probation Revocation
Sentencing
Alternative Sentencing
Community Corrections Sentence
Consecutive Sentences
Illegal Sentence, Motion to Correct (Rule 36.1)
Imposition of Fine
Judicial Diversion, Failure to Grant
Modify or Reduce Sentence (Rule 35)
Notice of Intent to Seek Enhanced Punishment
Plea, Rejection of
Pre-Sentence Investigation Report, Objections and Challenges to
Range Classification
Restitution, Amount of
Revocation of Community Corrections Sentence
Revocation of Suspended Sentence
Sentencing Within Range, Including Enhancing and Mitigating Factors
Self-Representation, Defendant's Exercise of Right of
Self-Representation Generally
Sufficiency of Evidence
Sufficiency of Evidence of Aggravating Circumstances in Death Penalty Case
Trial (Other than Evidence-Related Matters)
Closing Argument
Competence of Defendant
Confrontation Clause (Issue Concerning Statements of Deceased Victim)
Control of Trial Proceedings Generally
Cross Examination
Election of Offenses
Errors at Trial (Impact of Errors at Trial)
Impeachment of Witness
Interpreter, Use of
Judgment of Acquittal, Motion for
Jury Deliberation
Jury Instructions- Curative Instructions
Jury Instructions – Generally
Jury Instructions – Lesser Included Offenses
Jury Instructions – Missing Evidence
Jury Instructions – Self-Defense
Jury Instructions- Theory of Defense
Permitting Witness to Testify
Jury Questions, Whether Court Should Allow Jurors to Question Witnesses
Jury Selection – Generally
Jury Selection – Death Qualification
Mistrial
Opening Statements
Peremptory Challenge, Exercise of
Physical Restraints at Trial
Premeditation, Evidence of
Prosecutorial Comment on Right Not to Testify
Questioning by Trial Judge
Rebuttal arguments
Sequestration of Jury
Sequestration of Witnesses
Therapy Animal, Use of
Unavailability of Witness - TRE 804(b)(6)
