State v. Johnson

OPINION

BROCK, Justice.

The State appeals from the action of the Court of Criminal Appeals in reversing the defendant’s conviction and granting him a new trial. We are called upon to determine the current validity of the thirteenth juror rule as applied to criminal cases in Tennessee.

A brief review of the history of the rule and the action of the courts below is necessary to place this issue in its proper context. Prior to 1978, the rule that a trial judge in a criminal case must function as a thirteenth juror and weigh the evidence before approving a verdict of guilty was very well…