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

State of Tennessee v. Susan Jo Walls - Concurring in result only
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.
Date Filed: 
Thursday, November 9, 2017