Tenn. Code Ann. § 22-3-101
Absolute right of parties to examine
Parties in civil and criminal cases or their attorneys shall have an absolute right to examine prospective jurors in such cases, notwithstanding any rule of procedure or practice of court to the contrary.
Acts 2008, ch. 1159, § 1.
Notes of Decisions
Cited in 19
cases, 1982–2019 · leading case: State v. Schmeiderer
State v. Schmeiderer (2010)
“As previously stated, both the United States and Tennessee Constitutions guarantee a criminal defendant to the right to a trial by an impartial jury. See U.S. Const, amend. VI; Tenn.”
State v. Akins (1993)
“Our leg *355 islature had given parties in criminal and civil cases “an absolute right to examine prospective jurors” Tenn.Code Ann. § 22-3-101 (1980 Repl.). Our courts, both civil and criminal, have long recognized the importance of the voir dire process and have zealously…”
State v. Kiser (2009)
“Both the United States and Tennessee Constitutions guarantee a criminal defendant the right to a trial by an impartial jury. See U.S. Const, amend.”
State v. Simon (1982)
“The importance attached by the trial bar to the voir dire examination and the right of counsel to participate therein, however, is illustrated by T.C.A. § 22-3-101, enacted in 1977, as follows: “Parties in civil and criminal cases or their attorneys shall have an absolute right…”
Lester Eugene Siler v. Charles Scott (2019)
“” They cite Tenn. Code Ann. § 22-3-101 (2009), which provides that [p]arties in civil and criminal cases or their attorneys shall have an absolute right to examine prospective jurors in such cases, notwithstanding any rule of procedure or practice of court to the contrary, and…”
State of Tennessee v. Leroy Nevils (2003)
“While the defendant is correct in pointing out that Tennessee Code Annotated section 22-3-101 gives parties in a criminal case an “absolute right” to examine prospective jurors, he also points out that section limits its application with the language “[n]ot withstanding any rule…”
William Glenn Rogers v. State of Tennessee (2012)
“§ 22-3-101 (1994) (“Parties in civil and criminal cases or their attorneys shall have an absolute right to examine prospective jurors in such cases, notwithstanding any rule of procedure or practice of court to the contrary.”
Marsha McDonald v. Paul F. Shea, M.D. and Shea Ear Clinic (2012)
“03 (2011); Tenn. Code Ann. § 22-3-101 (2009). McDonald argues vigorously that parties should be permitted to exercise unused peremptory strikes on individual jurors after the jury is sworn and the trial is underway, at least under the limited circumstances of this case.”
Steven Ray Thacker v. State of Tennessee (2012)
“2009); see T.C.A. § 22-3-101. Jurors “who will automatically vote for the death penalty” are subject to removal for cause just as jurors who refuse to consider the death penalty.”
State of Tennessee v. David Hooper Climer Jr. (2011)
“amend. VI; Tenn. Const. art. I, § 9. Parties in civil and criminal cases are granted “an absolute right to examine prospective jurors” in an effort to determine they are competent.”
Detrick Cole v. State of Tennessee (2011)
“2009) (quoting Tenn. Code Ann. § 22-3-101 ). In determining when a prospective juror may be excused for cause because of his or her views on the death penalty, the standard is “whether the juror’s views would prevent or substantially impair the performance of his duties as a…”
State of Tennessee v. Ivan Charles Graves (2011)
“See Tenn. Code Ann. § 22-3-101 . “A court may discharge from service a grand or petit juror .”
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