Mistrial

Except as indicated, all indented material is copied directly from the opinion. 

Decisions of the Tennessee Supreme Court

Decisions of the Tennessee Court of Criminal Appeals

State v. Paschel, No. E2022-00900-CCA-R3-CD, p. 8 (Tenn. Ct. Crim. App. Sept. 14, 2023).

State v. Jenkins, No. M2022-00693-CCA-R3-CD, p. 18 (Tenn. Ct. Crim. App. Sept. 8, 2023).

State v. Johnson, No. W2022-00425-CCA-R3-CD, p. 41 (Tenn. Ct. Crim. App. Aug. 24, 2023).

State v. Hite, No. W2022-00678-CCA-R3-CD, p. 20 (Tenn. Ct. Crim. App. July 19, 2023).

State v. Allen, No. E2022-00437-CCA-R3-CD, p. 52 (Tenn. Ct. Crim. App. July 12, 2023).

State v. Lueth, No. M2022-00206-CCA-R3-CD, p. 17 (Tenn. Ct. Crim. App. Feb. 10, 2023).

State v. Hansard, No. E2021-01380-CCA-R3-CD, p. 6-7 (Tenn. Ct. Crim. App. Dec. 12, 2022).

Our supreme court summarized the law regarding appellate review of a trial court’s denial of a motion for a mistrial by stating the following:

“The law is well-settled that the decision of whether or not to enter a mistrial rests within the sound discretion of the trial court. This Court will not interfere with the trial court’s decision absent a clear abuse of discretion on the record.” [State v. Reid, 91 S.W.3d 247, 279 (Tenn. 2002)]. “Normally, a mistrial should be declared only if there is a manifest necessity for such action.” State v. Saylor, 117 S.W.3d 239, 250 (Tenn. 2003). “In other words, a mistrial is an appropriate remedy when a trial cannot continue, or a miscarriage of justice would result if it did.” State v. Land, 34 S.W.3d 516, 527 (Tenn. Crim. App. 2000). “The purpose for declaring a mistrial is to correct damage done to the judicial process when some event has occurred which precludes an impartial verdict.” State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996). The party seeking a mistrial has the burden of establishing its necessity. State v. Banks, 271 S.W.3d 90, 137 (Tenn. 2008).

State v. Bell, 512 S.W.3d 167, 187 (Tenn. 2015). In determining whether a trial court should have granted a mistrial due to manifest necessity, “no abstract formula should be mechanically applied and all circumstances should be taken into account.” State v. Mounce, 859 S.W.2d 319, 322 (Tenn. 1993) (citing Jones v. State, 403 S.W.2d 750, 753 (1966)).

State v. McDaniel, No. E2021-00565-CCA-R3-CD, p. 32 (Tenn. Ct. Crim. App. Nov. 30, 2022).

“The granting or denial of a mistrial is within the sound discretion of the trial court.” State v. McKinney, 929 S.W.2d 404, 405 (Tenn. Crim. App. 1996); see State v. Jones, 802 S.W.2d 221, 222 (Tenn. Crim. App. 1990). This court will only disturb that decision if the trial court abused its discretion. State v. Adkins, 786 S.W.2d 642, 644 (Tenn. 1990).

State v. Hartshaw, No. M2021-01231-CCA-R3-CD, p. 10 (Tenn. Ct. Crim. App. Oct. 4, 2022).

“The granting or denial of a mistrial is within the sound discretion of the trial court.” State v. McKinney, 929 S.W.2d 404, 405 (Tenn. Crim. App. 1996); see State v. Jones, 802 S.W.2d 221, 222 (Tenn. Crim. App. 1990). This court will only disturb that decision if the trial court abused its discretion. State v. Adkins, 786 S.W.2d 642, 644 (Tenn. 1990).

State v. Person-Gibson, No. W2021-01094-CCA-R3-CD, p. 4 (Tenn. Ct. Crim. App. Sept. 19, 2022).

Our supreme court summarized the law regarding appellate review of a trial court’s denial of a motion for mistrial by stating the following:

“The law is well-settled that the decision of whether or not to enter a mistrial rests within the sound discretion of the trial court. This Court will not interfere with the trial court’s decision absent a clear abuse of discretion on the record.” [State v.] Reid, 91 S.W.3d [247,] 279 [Tenn. 2002]. “Normally, a mistrial should be declared only if there is a manifest necessity for such action.” State v. Saylor, 117 S.W.3d 239, 250 (Tenn. 2003). “In other words, a mistrial is an appropriate remedy when a trial cannot continue, or a miscarriage of justice would result if it did.” State v. Land, 34 S.W.3d 516, 527 (Tenn. Crim. App. 2000). “The purpose for declaring a mistrial is to correct damage done to the judicial process when some event has occurred which precludes an impartial verdict.” State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996). The party seeking a mistrial has the burden of establishing its necessity. State v. Banks, 271 S.W.3d 90, 137 (Tenn. 2008).

State v. Bell, 512 S.W.3d 167, 187 (Tenn. 2015). When determining whether the trial court should have granted a mistrial based upon testimony that was presented to the jury, we consider three nonexclusive factors: “(1) whether the State elicited the testimony, or whether it was unresponsive; (2) whether the trial court offered and gave a curative jury instruction; and (3) the relative strength or weakness of the State’s proof.” Id. at 188 (quoting State v. Nash, 294 S.W.3d 541, 547 (Tenn. 2009)).

State v. Potts, No. M2020-01623-CCA-R3-CD, p. 34 (Tenn. Ct. Crim. App. June 29, 2022).

The decision to grant or deny a mistrial rests within the sound discretion of the trial court and will not be reversed absent an abuse of discretion. State v. Nash, 294 S.W.3d 541, 546 (Tenn. 2009); State v. Robinson, 146 S.W.3d 469, 494 (Tenn. 2004). A trial court should declare a mistrial “only upon a showing of manifest necessity.” Robinson, 146 S.W.3d at 494 (citing State v. Saylor, 117 S.W.3d 239, 250-51 (Tenn. 2003)). “In other words, a mistrial is an appropriate remedy when a trial cannot continue, or a miscarriage of justice would result if it did.” Saylor, 117 S.W.3d at 250 (quoting State v. Land, 34 S.W.3d 516, 527 (Tenn. Crim. App. 2000)). “The purpose for declaring a mistrial is to correct damage done to the judicial process when some event has occurred which precludes an impartial verdict.” State v. Reid, 164 S.W.3d 286, 341-42 (Tenn. 2005) (quoting State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996)).

State v. Mustafa, No. M2020-01060-CCA-R3-CD, p. 44 (Tenn. Ct. Crim. App. June 23, 2022).

A trial court’s decision to grant or deny a motion for mistrial is within the providence of that court. An appellate court will only disturb a trial court’s ruling on the motion when there has been an abuse of discretion by the trial court. State v. Nash, 294 S.W.3d 541, 546 (Tenn. 2009). A trial court abuses its discretion when it “applies incorrect legal standards, reaches an illogical conclusion, bases its ruling on a clearly erroneous assessment of the proof, or applies reasoning that causes an injustice to the complaining party.” State v. Phelps, 329 S.W.3d 436, 443 (Tenn. 2010).

State v. Perez, No. E2021-00475-CCA-R3-CD, p. 11-12 (Tenn. Ct. Crim. App. June 21, 2022).

A mistrial should be declared in criminal cases only in the event that a manifest necessity requires such action. State v. Millbrooks, 819 S.W.2d 441, 443 (Tenn. Crim. App. 1991). In other words, a mistrial is an appropriate remedy when a trial cannot continue or a miscarriage of justice would result if it did. State v. McPherson, 882 S.W.2d 365, 370 (Tenn. Crim. App. 1994). The decision to grant a mistrial lies within the sound discretion of the trial court, and this court will not interfere with the exercise of that discretion absent clear abuse appearing on the face of the record. See State v. Hall, 976 S.W.2d 121, 147 (Tenn. 1998) (citing State v. Adkins, 786 S.W.2d 642, 644 (Tenn. 1990)). Moreover, the burden of establishing the necessity for mistrial lies with the party seeking it. State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996).

State of Tennessee v. Higgins, No. W2021-00316-CCA-R3-CD, p. 4 (Tenn. Ct. Crim. App. May 2, 2022) (failure of trial court to grant mistrial for violation of court order by prosecution reversed).

Because the decision to grant or deny a mistrial lies solely within the trial court’s discretion, we review the ruling of the trial court under an abuse of discretion standard. See State v. Bell, 512 S.W.3d 167, 187 (Tenn. 2015) (citing Reid, 91 S.W.3d at 279).

State of Tennessee v. Patton, No. M2020-00062-CCA-R3-CD, p. 41 (Tenn. Ct. Crim. App. May, 6, 2022).

A mistrial should be declared in criminal cases only in the event that a manifest necessity requires such action. State v. Millbrooks, 819 S.W.2d 441, 443 (Tenn. Crim. App. 1991). In other words, a mistrial is an appropriate remedy when a trial cannot continue or a miscarriage of justice would result if it did. State v. McPherson, 882 S.W.2d 365, 370 (Tenn. Crim. App. 1994). The decision to grant a mistrial lies within the sound discretion of the trial court, and this court will not interfere with the exercise of that discretion absent clear abuse appearing on the face of the record. See State v. Hall, 976 S.W.2d 121, 147 (Tenn. 1998) (citing State v. Adkins, 786 S.W.2d 642, 644 (Tenn. 1990)). Moreover, the burden of establishing the necessity for mistrial lies with the party seeking it. State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996).

State of Tennessee v. Donaldson, No. E2020-01561-CCA-R3-CD, p. 25 (Tenn. Ct. Crim. App. Apr. 21, 2022).

We find no abuse of discretion in the trial court’s decision to deny the defendant’s motion for mistrial. See State v. Nash, 294 S.W.3d 541, 546 (Tenn. 2009). “Normally, a mistrial should be declared only if there is a manifest necessity for such action.” State v. Saylor, 117 S.W.3d 239, 250 (Tenn. 2003) (citing State v. Millbrooks, 819 S.W.2d 441, 443 (Tenn. Crim. App. 1991)). “In other words, a mistrial is an appropriate remedy when a trial cannot continue, or a miscarriage of justice would result if it did.” Saylor, 117 S.W.3d at 250 (quoting State v. Land, 34 S.W.3d 516, 527 (Tenn. Crim. App. 2000)). “The purpose for declaring a mistrial is to correct damage done to the judicial process when some event has occurred which precludes an impartial verdict.” State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996).

State of Tennessee v. McDowell, No. E2020-01641-CCA-R3-CD, p. 28 (Tenn. Ct. App. Apr. 14, 2022).

A trial judge should declare a mistrial if manifest necessity arises. Arnold v. State, 563 S.W.2d 792, 794 (Tenn. Crim. App. 1977). Manifest necessity occurs when “no feasible alternative to halting the proceedings” exists. State v. Knight, 616 S.W.2d 593, 596 (Tenn. 1981). “The granting or denial of a mistrial is within the sound discretion of the trial court.” State v. McKinney, 929 S.W.2d 404, 405 (Tenn. Crim. App. 1996); see State v. Jones, 802 S.W.2d 221, 222 (Tenn. Crim. App. 1990). This court will only disturb that decision if the trial court abused its discretion. State v. Adkins, 786 S.W.2d 642, 644 (Tenn. 1990).

State of Tenn. v. Montella, No. M2020-00016-CCA-R3-CD, p. 7 (Tenn. Ct. Crim. App. Apr. 7, 2022).

A trial judge should declare a mistrial if manifest necessity arises. Arnold v. State, 563 S.W.2d 792, 794 (Tenn. Crim. App. 1977). Manifest necessity occurs when “no feasible alternative to halting the proceedings” exists. State v. Knight, 616 S.W.2d 593, 596 (Tenn. 1981). “The granting or denial of a mistrial is within the sound discretion of the trial court.” State v. McKinney, 929 S.W.2d 404, 405 (Tenn. Crim. App. 1996); see State v. Jones, 802 S.W.2d 221, 222 (Tenn. Crim. App. 1990). This court will only disturb that decision if the trial court abused its discretion. State v. Adkins, 786 S.W.2d 642, 644 (Tenn. 1990).

State of Tennessee v. Cox, No. E2020-01388-CCA-R3-CD (Tenn. Ct. App. Feb. 3, 3022).

A trial court’s decision to grant or deny a motion for mistrial is within the providence of that court. An appellate court will only disturb a trial court’s ruling on the motion when there has been an abuse of discretion by the trial court. State v. Nash, 294 S.W.3d 541, 546 (Tenn. 2009). A trial court abuses its discretion when it “applies incorrect legal standards, reaches an illogical conclusion, bases its ruling on a clearly erroneous assessment of the proof, or applies reasoning that causes an injustice to the complaining party.” State v. Phelps, 329 S.W.3d 436, 443 (Tenn. 2010).

A trial court should declare a mistrial “only when there is a ‘manifest necessity.’” State v. Williams, 929 S.W.2d 385, 388 (Tenn. Crim. App. 1996) (quoting Arnold v. State, 563 S.W.2d 792, 794 (Tenn. Crim. App. 1977)). “‘In other words, a mistrial is an appropriate remedy when a trial cannot continue, or a miscarriage of justice would result if it did.’” State v. Robinson, 146 S.W.3d 469, 494 (Tenn. 2004) (quoting State v. Land, 34 S.W.3d 516, 527 (Tenn. Crim. App. 2000)). A mistrial should be declared “to correct damage done to the judicial process when some event has occurred which precludes an impartial verdict.” Williams, 929 S.W.2d at 388. The defendant bears the burden of establishing that there was a manifest necessity for a mistrial. Id.