State of Tennessee v. Susan Jo Walls - Concurring in result only

Case Number
M2014-01972-SC-R11-CD

I concur only in the result in this case. The defendant is not entitled to a new trial based on waiver and the absence of plain error. The majority errs by proceeding further and establishing the appellate standard of review regarding late-night court proceedings. By addressing the appellate standard of review under the guise of a plain error analysis, the majority overreaches and violates longstanding, conservative prohibitions on issuing advisory opinions. 

Authoring Judge
Justice Sharon G. Lee
Originating Judge
Judge Forest A. Durard, Jr.
Case Name
State of Tennessee v. Susan Jo Walls - Concurring in result only
Date Filed
Dissent or Concur
No
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