existence of plain error in Tennessee

2026App. 1994) (footnotes omitted); see also State v. Smith, 24 S.W.3d 274, 283 (Tenn. 2000) (adopting the Adkisson test for determining plain error). “[A]ll five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2026App. 1994) (footnotes omitted); see also State v. Smith, 24 S.W.3d 274, 283 (Tenn. 2000) (adopting the Adkisson test for determining plain error). “[A]ll five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2024“It is the accused’s burden to persuade an appellate court that the trial court committed plain error.” State v. Bledsoe, 226 S.W.3d 349, 355 (Tenn. 2007) (citing United States v. Olano, 507 U.S. 725, 734 (1993)). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2024“It is the accused’s burden to persuade an appellate court that the trial court committed plain error.” State v. Bledsoe, 226 S.W.3d 349, 355 (Tenn. 2007) (citing United States v. Olano, 507 U.S. 725, 734 (1993)). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2024“It is the accused’s burden to persuade an appellate court that the trial court committed plain error.” State v. Bledsoe, 226 S.W.3d 349, 355 (Tenn. 2007) (citing United States v. Olano, 507 U.S. 725, 734 (1993)). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2024“It is the accused’s burden to persuade an appellate court that the trial court committed plain error.” State v. Bledsoe, 226 S.W.3d 349, 355 (Tenn. 2007) (citing United States v. Olano, 507 U.S. 725, 734 (1993)). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2025In State v. Smith, our supreme court adopted Adkisson’s five-factor test for determining whether an error should be recognized as plain: (a) The record must clearly establish what occurred in the trial court; (b) A clear and unequivocal rule of law must have been breached; (c) A substantial right of the accused must have been adversely affected; (d) The accused did not waive the issue for tactical reasons; and (e) Consideration of the error is “necessary to do substantial justice.” - 11 - 24 S.W.3d 274, 282-83 (Tenn. 2000) (quoting Adkisson, 899 S.W.2d at 641-42 ). “[A]ll five factors must be

2025In State v. Smith, our supreme court adopted Adkisson’s five-factor test for determining whether an error should be recognized as plain: (a) The record must clearly establish what occurred in the trial court; (b) A clear and unequivocal rule of law must have been breached; (c) A substantial right of the accused must have been adversely affected; (d) The accused did not waive the issue for tactical reasons; and (e) Consideration of the error is “necessary to do substantial justice.” 24 S.W.3d 274, 282-83 (Tenn. 2000) (quoting Adkisson, 899 S.W.2d at 641-42 ). “[A]ll five factors must be establi

2026State v. Bishop, 431 S.W.3d 22, 44 (Tenn. 2014).

2026Bishop, 431 S.W.3d at 44 .

2025State v. Hatcher, 310 S.W.3d 788, 808 (Tenn. 2010). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2024State v. Hatcher, 310 S.W.3d 788, 808 (Tenn. 2010). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e) consideration of the error is “necessary to do substantial justice.” Id. (citing State v. Michael Smith, 492 S.W.3d 224, 232-33 (Tenn. 2016); State v. Donald Smith, 24 S.W.3d 274, 282 (Tenn. 2000)). “‘[T]he presence of all five factors must be established by

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e) consideration of the error is “necessary to do substantial justice.” Id. (citing State v. Michael Smith, 492 S.W.3d 224, 232-33 (Tenn. 2016); State v. Donald Smith, 24 S.W.3d 274, 282 (Tenn. 2000)). “‘[T]he presence of all five factors must be established by

2025State v. Clayton, 535 S.W.3d 829, 848 (Tenn. 2017). “[T]he presence of all five factors must be established by the record before this - 10 - Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2020State v. Clayton, 535 S.W.3d 829, 848 (Tenn. 2017). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Smith, 24 S.W.3d at 283 .

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e) consideration of the error is “necessary to do substantial justice.” Id. (citing State v. Michael Smith, 492 S.W.3d 224, 232-33 (Tenn. 2016); State v. Donald Smith, 24 S.W.3d 274, 282 (Tenn. 2000)). “‘[T]he presence of all five factors must be established by

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e) consideration of the error is “necessary to do substantial justice.” Id. (citing State v. Michael Smith, 492 S.W.3d 224, 232-33 (Tenn. 2016); State v. Donald Smith, 24 S.W.3d 274, 282 (Tenn. 2000)). “‘[T]he presence of all five factors must be established by

2022See State v. Robinson, 971 S.W.2d 30, 42-43 (Tenn. Crim .App. 1997) (“The defendant’s failure to make a contemporaneous objection or motion for mistrial constitutes a waiver of the issue [regarding the denial of a mistrial, raised first in the motion for a new trial,] absent the existence of plain error.”); State v. Johnny L.

2009In response, the Defendant cites State v. Robinson, 971 S.W.2d 30, 42-43 (Tenn. Crim App. 1997), for the -5- proposition that “either a contemporaneous objection or a motion for mistrial prevents a waiver of the issue.” In Robinson, however, this Court simply stated that “[t]he defendant’s failure to make a contemporaneous objection or motion for mistrial constitutes a waiver of the issue absent the existence of plain error.” Id.

2020The Tennessee Supreme Court has consistently held that “‘closing argument is a valuable privilege that should not be unduly restricted.’” State v. Reid, 164 S.W.3d 286, 320 (Tenn. 2005) (quoting State v. Bane, 57 S.W.3d 411, 425 (Tenn. 2001)); see State v. Cauthern, 967 S.W.2d 726, 737 (Tenn. 1998).

2015However, the Defendant then makes no argument that this court should review the issue for plain error, and we see no reason to do so sua sponte because a jury is presumed to have followed a trial court‟s curative instruction, see State v. Reid, 164 S.W.3d 286, 342 (Tenn. 2005) (citation omitted).

2020The Tennessee Supreme Court has consistently held that “‘closing argument is a valuable privilege that should not be unduly restricted.’” State v. Reid, 164 S.W.3d 286, 320 (Tenn. 2005) (quoting State v. Bane, 57 S.W.3d 411, 425 (Tenn. 2001)); see State v. Cauthern, 967 S.W.2d 726, 737 (Tenn. 1998).

2014The Tennessee Supreme Court has noted that “[c]losing argument is a valuable privilege that should not be unduly restricted.” State v. Stephenson, 195 S.W.3d 574, 603 (Tenn. 2006) (citing State v. Bane, 57 S.W.3d 411, 425 (Tenn. 2001)).

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e) consideration of the error is “necessary to do substantial justice.” Martin, 505 S.W.3d at 504 (citations omitted). “‘[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and compl

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e)consideration of the error is “necessary to do substantial justice.” Martin, 505 S.W.3d at 504 (citations omitted). “ ‘[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and compl

2014App. Mar. 9, 2011), perm. app. denied (Tenn. Aug. 25, 2011), which states that such verdicts occur when a jury “‘necessarily reached two positive findings of fact that cannot logically mutually exist.’” Id. at *10 (quoting Jackson v. State, 577 S.E.2d 570, 574 (Ga. 2003)).

2014App. Mar. 9, 2011), perm. app. denied (Tenn. Aug. 25, 2011), which states that such verdicts occur when a jury “‘necessarily reached two positive findings of fact that cannot logically mutually exist.’” Id. at *10 (quoting Jackson v. State, 577 S.E.2d 570, 574 (Ga. 2003)).

2013As a general rule, “an indictment is valid if it provides sufficient information (1) to enable the accused to know the accusation to which answer is required, (2) to furnish the court adequate basis for the entry of a proper judgment, and (3) to protect the accused from double jeopardy.” Id. (citing State v. Byrd, 820 S.W.2d 739, 741 (Tenn. 1991); VanArsdall v. State, 919 S.W.2d 626, 630 (Tenn. Crim.

2013As a general rule, “an indictment is valid if it provides sufficient information (1) to enable the accused to know the accusation to which answer is required, (2) to furnish the court adequate basis for the entry of a proper judgment, and (3) to protect the accused from double jeopardy.” Id. (citing State v. Byrd, 820 S.W.2d 739, 741 (Tenn. 1991); -15- VanArsdall v. State, 919 S.W.2d 626, 630 (Tenn. Crim.

2013As a general rule, “an indictment is valid if it provides sufficient information (1) to enable the accused to know the accusation to which answer is required, (2) to furnish the court adequate basis for the entry of a proper judgment, and (3) to protect the accused from double jeopardy.” Id. (citing State v. Byrd, 820 S.W.2d 739, 741 (Tenn. 1991); VanArsdall v. State, 919 S.W.2d 626, 630 (Tenn. Crim.

2013As a general rule, “an indictment is valid if it provides sufficient information (1) to enable the accused to know the accusation to which answer is required, (2) to furnish the court adequate basis for the entry of a proper judgment, and (3) to protect the accused from double jeopardy.” Id. (citing State v. Byrd, 820 S.W.2d 739, 741 (Tenn. 1991); -15- VanArsdall v. State, 919 S.W.2d 626, 630 (Tenn. Crim.

2007See Teague v. State, 772 S.W.2d 915, 926 (Tenn.Crim.App.1988); State v. Killebrew, 760 S.W.2d 228, 235 (Tenn.Crim.App.1988).

2007See Teague v. State, 772 S.W.2d 915, 926 (Tenn. Crim.

2024After Defendant pled guilty to three charges and one was dismissed at the close of the State’s proof, the trial court renumbered the remaining counts before submitting the indictment to the jury. -7- this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Martin, 505 S.W.3d at 504 (quoting State v. Smith, 24 S.W.3d 274, 283 (Tenn. 2000)).

2023App. P. 36(b). “[T]he presence of all five factors must be established by the record before this Court will recognize the existence of plain error, and complete consideration of all the factors is not necessary when it is clear from the record that at least one of the factors cannot be established.” Martin, 505 S.W.3d at 504 (quoting State v. Donald Smith, 24 S.W.3d 274, 283 (Tenn. 2000)).

2020The Tennessee Supreme Court has consistently held that “‘closing argument is a valuable privilege that should not be unduly restricted.’” State v. Reid, 164 S.W.3d 286, 320 (Tenn. 2005) (quoting State v. Bane, 57 S.W.3d 411, 425 (Tenn. 2001)); see State v. Cauthern, 967 S.W.2d 726, 737 (Tenn. 1998).

2018“Tennessee courts follow a policy of liberality in the admission of photographs in both civil and criminal cases.” State v. Morris, 24 S.W.3d 788, 810 (Tenn. 2000).

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e) consideration of the error is “necessary to do substantial justice.” Id. (citing State v. Michael Smith, 492 S.W.3d 224, 232-33 (Tenn. 2016); State v. Donald Smith, 24 S.W.3d 274, 282 (Tenn. 2000)). “‘[T]he presence of all five factors must be established by

2017In Tennessee, an appellate court will grant relief for plain error only if (a) the record clearly establishes what occurred in the trial court; (b) a clear and unequivocal rule of law has been breached; (c) a substantial right of the accused has been adversely affected; (d) the accused did not waive the issue for tactical reasons; and (e) consideration of the error is “necessary to do substantial justice.” Id. (citing State v. Michael Smith, 492 S.W.3d 224, 232-33 (Tenn. 2016); State v. Donald Smith, 24 S.W.3d 274, 282 (Tenn. 2000)). “‘[T]he presence of all five factors must be established by

2014In the instant case, the trial court clearly adhered to the directives of Kersey v. State, in which our supreme court held that “when a jury’s deliberations have not produced -17- a verdict, and it returns to the courtroom and so reports, . . . [t]he only permissive inquiry is as to progress and the jury may be asked whether it believes it might reach a verdict after further deliberations.” Kersey v. State, 525 S.W.2d 139, 141 (Tenn. 1975).

2014The Tennessee Supreme Court has noted that “[c]losing argument is a valuable privilege that should not be unduly restricted.” State v. Stephenson, 195 S.W.3d 574, 603 (Tenn. 2006) (citing State v. Bane, 57 S.W.3d 411, 425 (Tenn. 2001)).

2012In State v. Little, 560 S.W.2d 403, 407 (Tenn. 1978), the Tennessee Supreme Court held: [T]here are two circumstances that authorize the impeachment of an affidavit sufficient on its face, (1) a false statement made with intent to deceive the Court, whether material or immaterial to the issue of probable cause, and (2) a false statement, essential to the establishment of probable cause, recklessly made.

2007See Teague v. State, 772 S.W.2d 915, 926 (Tenn.Crim.App.1988); State v. Killebrew, 760 S.W.2d 228, 235 (Tenn.Crim.App.1988).

2006See Gomez, 163 S.W.3d at 646 .