Bill of Particulars
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 Appeal
State v. Boyd, No. M2021-01057-CCA-R3-CD, p. 17 (Tenn. Ct. Crim. App. Mar. 31, 2023).
“The trial court should make every effort to ensure that the State supplies all critical information in its bill of particulars[.]” Sherman, 266 S.W.3d at 409. The “lack of specificity will not result in reversible error unless a defendant can prove prejudice” in the form of unfair surprise or the inability to prepare an adequate defense. Sherman, 266 S.W.3d at 409 (citing Byrd, 820 S.W.2d at 741). Prejudice will not often be apparent until after all the proof has been presented. Byrd, 820 S.W.2d at 741; Sherman, 266 S.W.3d at 409.
