State of Tennessee v. Justin Ellis

OPINION

in which Sharon G. Lee, C.J., and Cornelia A. Clark, Gary R. Wade, and HOLLY M. Kirby, JJ., joined.

We granted the State of Tennessee permission to appeal in this criminal proceeding to address two issues: (1) the analytical framework that a successor judge should utilize in deciding whether he can act as the thirteenth juror, and (2) the standard of appellate review of a successor judge’s determination that he can or cannot act as the thirteenth juror. We hold that there is a rebuttable presumption that a successor judge can act as the thirteenth juror. We also hold that an appellate…