Jury Questions, Whether Court Should Allow Jurors to Question Witnesses

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 of Tennessee v. Tidwell,  No. E2021-00711-CCA-R3-CD, p. 13 (Tenn. Ct. Crim. App. July 5, 2022).

“Generally, the propriety, scope, manner and control of the examination of witnesses is a matter within the discretion of the trial judge, subject to appellate review for abuse of discretion.” James, 315 S.W.3d at 460 (internal quotations omitted). A reviewing court will not find error “[a]bsent a clear abuse of the discretionary authority of the trial judge, one that manifestly prejudices the rights of a defendant[.]” Id. An abuse of discretion occurs when the trial court applies an incorrect legal standard, reaches an illogical conclusion, bases its decision on a clearly erroneous assessment of the evidence, or employs reasoning that causes an injustice to the complaining party. State v. Clark, 452 S.W.3d 268, 287 (Tenn. 2014) (citing State v. Banks, 271 S.W.3d 90, 116 (Tenn. 2008)).