Tenn. Code Ann. § 40-18-119
Presumption that original trial judge has served as thirteenth juror and approved unanimous verdict
Last amended: 2014Year: 2026Length: 200 words
When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a unanimous verdict, there is created a presumption that the original trial judge has served as the thirteenth juror and approved the jury's verdict with respect to each count on which a unanimous verdict was returned. Added by 2014 Tenn. Acts, ch. 694,s 2, eff. 7/1/2014.
When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a unanimous verdict, there is created a presumption that the original trial judge has served as the thirteenth juror and approved the jury's verdict with respect to each count on which a unanimous verdict was returned.
Added by 2014 Tenn. Acts, ch. 694,s 2, eff. 7/1/2014.