State of Tennessee v. Noura Jackson-Concurring

I concur in the results reached in the lead opinion by Judge Glenn. Indeed, I join in the lead opinion on all but one issue. I write separately to address the issue of prosecutorial misconduct during closing argument. As the lead opinion points out, the opening sentence of the State’s rebuttal argument was as follows: “Just tell us where you were. That’s all we’re asking, Noura.” The defense contends that the remark constitutes an improper comment on the defendant’s choice not to testify at trial. The State claims that the remark was merely a reference to the testimony during trial given by Cindy Eidson, the defendant’s aunt.