TBA Law Blog


Posted by: Stacey Shrader Joslin on Jul 6, 2020

The Tennessee Supreme Court in a unanimous decision today held that acquitted-act evidence (evidence of a prior act for which a defendant was acquitted) may be used against that defendant in a subsequent trial if it meets the requirements of Rule of Evidence 404(b). The decision explicitly overturns the court's prior decision in State v. Holman, which prohibited use of such evidence in all circumstances. The new ruling finds the evidence can be used if the trial court determines, among other factors, that it is relevant to prove some other material issue.