When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a unanimous verdict, there is created a presumption that the original trial judge has served as the thirteenth juror and approved the jury's verdict with respect to each count on which a unanimous verdict was returned.
Structure 2021 Tennessee Code
Chapter 18 - Trial and Verdict
§ 40-18-101. Designation of State's Day
§ 40-18-102. Rules of Practice
§ 40-18-104. Drawing of Jurors' Names
§ 40-18-105. Challenge of Juror Acting as Bail
§ 40-18-106. Jurors Sworn Together
§ 40-18-108. Discharge of Jury
§ 40-18-109. Retrial After Discharge of Jury
§ 40-18-111. General Verdict of Guilty
§ 40-18-112. Uncertainty as to Intent or Means of Offense
§ 40-18-113. Multiple Defendants
§ 40-18-114. Assessment of Fine by Jury
§ 40-18-116. Sequestration of Jurors
§ 40-18-117. Instructions Concerning Insanity