Hindman & Lanzon Hindman & Lanzon
Call for a Free Consultation
865-223-6450

Posts tagged "Plain Error"

Inaccurate Election of Offenses Not Plain Error in This Case

Election of offenses in a criminal trial refers to a prosecutor's duty, in a case where there was evidence at trial of multiple separate incidents which might meet the elements of the charged offense, to elect, for each count, upon which specific incident the jury should deliberate to determine guilt of that count. The purpose of this is to protect a defendant's right to a unanimous verdict in determining whether the defendant's conduct on a specific occasion meets the elements of a particular charged offense (rather than having some jurors evaluating the events of one occasion and other jurors evaluating the events of another instead). In the recent case of State v. Knowles, W2013-00503-SC-R11-CD (Tenn. 7-31-2015), the Tennessee Supreme Court affirmed a conviction for rape of a child, despite a clearly inaccurate election of offenses.

Inference of Tactical Decision Blocks Plain Error Review

As addressed in the previous post, "plain error" review may still occur on direct appeal for issues which were not properly preserved for appeal. The criteria for plain error review includes that the record must clearly establish what happened; a clear and unequivocal rule must be breached; a substantive right of the accused must be adversely affected; the issue must not have been waived for tactical reasons; and that consideration is necessary to do substantial justice.

Inference of Tactical Decision Blocks Plain Error Review

As addressed in the previous post, "plain error" review may still occur on direct appeal for issues which were not properly preserved for appeal. The criteria for plain error review includes that the record must clearly establish what happened; a clear and unequivocal rule must be breached; a substantive right of the accused must be adversely affected; the issue must not have been waived for tactical reasons; and that consideration is necessary to do substantial justice.

Inference of Tactical Decision Blocks Plain Error Review

As addressed in the previous post, "plain error" review may still occur on direct appeal for issues which were not properly preserved for appeal. The criteria for plain error review includes that the record must clearly establish what happened; a clear and unequivocal rule must be breached; a substantive right of the accused must be adversely affected; the issue must not have been waived for tactical reasons; and that consideration is necessary to do substantial justice.

Admission of Recorded Accusations Not Plain Error

Appellate courts may occasionally conduct "plain error" review of issues which were not properly preserved for appeal at the trial court level. To review an issue for plain error, a set of criteria must be met, which include that the record must clearly establish what happened, a clear and unequivocal rule must be breached, a substantive right of the accused must be adversely affected, the issue must not have been waived for tactical reasons, and that consideration is necessary to do substantial justice. In the recent Tennessee case of State v. Guilfoy, M2012-00600-CCA-R3-CD (Tenn.Crim.App. 5-13-2013), the Court of Criminal Appeals declined plain error review of whether video recorded accusations by the child victims were properly admitted into evidence in a trial for rape of a child and aggravated sexual battery.

Admission of Recorded Accusations Not Plain Error

Appellate courts may occasionally conduct "plain error" review of issues which were not properly preserved for appeal at the trial court level. To review an issue for plain error, a set of criteria must be met, which include that the record must clearly establish what happened, a clear and unequivocal rule must be breached, a substantive right of the accused must be adversely affected, the issue must not have been waived for tactical reasons, and that consideration is necessary to do substantial justice. In the recent Tennessee case of State v. Guilfoy, M2012-00600-CCA-R3-CD (Tenn.Crim.App. 5-13-2013), the Court of Criminal Appeals declined plain error review of whether video recorded accusations by the child victims were properly admitted into evidence in a trial for rape of a child and aggravated sexual battery.

Admission of Recorded Accusations Not Plain Error

Appellate courts may occasionally conduct "plain error" review of issues which were not properly preserved for appeal at the trial court level. To review an issue for plain error, a set of criteria must be met, which include that the record must clearly establish what happened, a clear and unequivocal rule must be breached, a substantive right of the accused must be adversely affected, the issue must not have been waived for tactical reasons, and that consideration is necessary to do substantial justice. In the recent Tennessee case of State v. Guilfoy, M2012-00600-CCA-R3-CD (Tenn.Crim.App. 5-13-2013), the Court of Criminal Appeals declined plain error review of whether video recorded accusations by the child victims were properly admitted into evidence in a trial for rape of a child and aggravated sexual battery.

map map

Hindman & Lanzon
550 West Main Street
Suite 550
Knoxville, TN 37902

Toll Free: 866-383-1545
Phone: 865-223-6450
Fax: 865-521-6371
Knoxville Law Office Map