Prosecutorial Misconduct
Decisions of the Tennessee Supreme Court
Decisions of the Tennessee Court of Criminal Appeals
State v. Coman, No. W2020-01684-CCA-R3-CD, p. 10 (Tenn. Ct. Crim. App. June 24, 2022).
On appeal, claims of prosecutorial misconduct not raised in a motion for new trial are waived. Tenn. R. App. P. 3(e) (“[I]n all cases tried by a jury, no issue presented for review shall be predicated upon . . . the misconduct of . . . parties or counsel . . . or other ground upon which a new trial is sought, unless the same was specifically stated in a motion for a new trial; otherwise such issues will be treated as waived.”). As the State points out, in his motion for new trial, the defendant raised only the issues of sufficiency of the evidence and sentencing. Consequently, the defendant has waived his claim of prosecutorial misconduct.
