TBA Law Blog


Posted by: Kate Prince on Sep 13, 2022

The Tennessee Supreme Court today clarified uncertainties concerning the appropriate standard of review to apply to claims of alleged prosecutorial misconduct during closing argument when no objection was lodged at the time of the alleged misconduct but the claim is raised in a motion for new trial. After reviewing State v. Tyler Ward Enix, the high court clarified that failure to object to a prosecutor’s statements during closing arguments results in waiver on appeal and that the plain error standard of review applies to claims that are treated as waived. The Administrative Office of the Courts has more on the case and the Supreme Court’s decision.