Evidence – Use of Acquitted Act Evidence

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

Decisions of the Tennessee Supreme Court

State of Tennessee v. Jarman, No. M2017-01313-SC-R11-CD (Tenn. July 6, 2020)

The first issue on appeal—whether Tennessee should continue to apply the rule from Holman and ban the use of acquitted-act evidence against a defendant in a later trial— is a question of law, which we review de novo with no presumption of correctness. State v. Al Mutory, 581 S.W.3d 741, 744 (Tenn. 2019) (citing Colonial Pipeline Co. v. Morgan, 263 S.W.3d 827, 836 (Tenn. 2008)).

Decisions of the Tennessee Court of Criminal Appeals