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eBook details

• Title: State Tennessee v. Leander Charles Carter
• Author : The Texas Court of Criminal Appeals
• Release Date : January 13, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

We granted this appeal to determine whether a trial Judges duty to act as the thirteenth juror under Tennessee Rule of Criminal Procedure 33(f), is mandatory or discretionary. We have concluded that Rule 33(f) is mandatory and requires a trial Judge to act as the thirteenth juror. We have also determined, however, that where the trial Judge denies a motion for new trial, an appellate court may presume, in the absence of evidence to the contrary, that the trial Judge approved the jurys verdict as the thirteenth juror, without an explicit statement by the Judge on the record that he has done so. The judgment of the Court of Criminal Appeals is, therefore, affirmed as modified.

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