Trump’s Statue Garden

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on a recent Executive Order issued by President Trump calling for the creation of a “National Garden of American Heroes.” Dorf argues that we should recognize the Executive Order for the distraction that it mostly is and points out some of the Order’s fallacies, ambiguities, and inconsistencies.

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State v. Jarman

Docket: M2017-01313-SC-R11-CD

Opinion Date: July 6, 2020

Judge: Bivins

Areas of Law: Criminal Law

The Supreme Court reversed the decision of the court of criminal appeals reversing Defendant's conviction for voluntary manslaughter, holding that the trial court did not err in admitting acquitted-act evidence and that the portion of State v. Holman, 611 S.W.2d 411 (Tenn. 1981), holding otherwise is overruled. Holman prohibits the use of acquitted-act evidence against a defendant at a subsequent trial under all circumstances. On appeal, the court of criminal appeals held that the trial court committed reversible error in admitting evidence of a prior criminal offense for which Defendant was acquitted because the evidence should have been excluded under Holman. The Supreme Court reversed, holding (1) evidence of a defendant's conduct for which he was acquitted in a previous trial may be introduced in a subsequent trial on a different charge only after the evidence has met the requirements of Tenn. R. Evid. 404(b); (2) Holman is no longer good law; and (3) the trial court did not abuse its discretion in admitting the acquitted-act evidence for the limited purpose of proving Defendant's intent to harm the victim.