State v. Carter

OPINION

ANDERSON, Chief Justice.

We granted this appeal to determine whether a trial judge’s duty to act as the thirteenth juror under Tennessee Rule of Criminal Procedure 33(f), is mandatory or discretionary. We have concluded that Rule 33(f) is mandatory and requires a trial judge to act as the thirteenth juror. We have also determined, however, that where the trial judge denies a motion for new trial, an appellate court may presume, in the absence of evidence to the contrary, that the trial judge approved the jury’s verdict as the thirteenth juror, without an explicit statement by the judge…