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Posts tagged "witnesses"

Exemption of Detective from Sequestration Rule Affirmed

In criminal trials, witness sequestration refers to excluding people who plan to testify from the courtroom while other witnesses are testifying. The purpose of witness sequestration is to prevent a witness' testimony from being influenced by the testimony of other witnesses. The rule is not absolute, of course. The defendant in a case has the right to be present throughout the trial, regardless of whether the defendant plans to testify. In the trial court's discretion, other witnesses essential to the presentation of the case may also be allowed to remain in the courtroom. In the recent Tennessee case of State v. Presson, W2012-00023-CCA-R3-CD (Tenn.Crim.App. 4-24-2014), the Court of Criminal Appeals affirmed a trial court ruling allowing the State's lead detective to remain in the courtroom during a trial for rape of a child and aggravated sexual battery.

Exemption of Detective from Sequestration Rule Affirmed

In criminal trials, witness sequestration refers to excluding people who plan to testify from the courtroom while other witnesses are testifying. The purpose of witness sequestration is to prevent a witness' testimony from being influenced by the testimony of other witnesses. The rule is not absolute, of course. The defendant in a case has the right to be present throughout the trial, regardless of whether the defendant plans to testify. In the trial court's discretion, other witnesses essential to the presentation of the case may also be allowed to remain in the courtroom. In the recent Tennessee case of State v. Presson, W2012-00023-CCA-R3-CD (Tenn.Crim.App. 4-24-2014), the Court of Criminal Appeals affirmed a trial court ruling allowing the State's lead detective to remain in the courtroom during a trial for rape of a child and aggravated sexual battery.

Exemption of Detective from Sequestration Rule Affirmed

In criminal trials, witness sequestration refers to excluding people who plan to testify from the courtroom while other witnesses are testifying. The purpose of witness sequestration is to prevent a witness' testimony from being influenced by the testimony of other witnesses. The rule is not absolute, of course. The defendant in a case has the right to be present throughout the trial, regardless of whether the defendant plans to testify. In the trial court's discretion, other witnesses essential to the presentation of the case may also be allowed to remain in the courtroom. In the recent Tennessee case of State v. Presson, W2012-00023-CCA-R3-CD (Tenn.Crim.App. 4-24-2014), the Court of Criminal Appeals affirmed a trial court ruling allowing the State's lead detective to remain in the courtroom during a trial for rape of a child and aggravated sexual battery.

Alibi Witness Excluded Due to Lack of Notice

A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim. Generally, an accused does not have to disclose his or her defense before trial, or disclose what witnesses will be called. But alibi is an exception, when relying upon witnesses other than the defendant to establish it. Under the Tennessee Rules of Criminal Procedure, when the state specifically requests notice of an alibi defense, a defendant is required to provide notice, or risk not being allowed to present those witnesses at trial. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), a defendant was not allowed to present an alibi witness, due to failing to provide the requested notice about the intent to use that witness.

Alibi Witness Excluded Due to Lack of Notice

A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim. Generally, an accused does not have to disclose his or her defense before trial, or disclose what witnesses will be called. But alibi is an exception, when relying upon witnesses other than the defendant to establish it. Under the Tennessee Rules of Criminal Procedure, when the state specifically requests notice of an alibi defense, a defendant is required to provide notice, or risk not being allowed to present those witnesses at trial. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), a defendant was not allowed to present an alibi witness, due to failing to provide the requested notice about the intent to use that witness.

Alibi Witness Excluded Due to Lack of Notice

A person hoping to rely upon an alibi defense in a criminal case should be aware that the state may be entitled to pre-trial notice of any witnesses the defense intends to use to establish it. This allows the state a fair opportunity to investigate the claim. Generally, an accused does not have to disclose his or her defense before trial, or disclose what witnesses will be called. But alibi is an exception, when relying upon witnesses other than the defendant to establish it. Under the Tennessee Rules of Criminal Procedure, when the state specifically requests notice of an alibi defense, a defendant is required to provide notice, or risk not being allowed to present those witnesses at trial. In the recent case of State v. Harding, M2011-00597-CCA-R3-CD (Tenn.Crim.App. 1-25-2013), a defendant was not allowed to present an alibi witness, due to failing to provide the requested notice about the intent to use that witness.

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