Case Detail
CitationState v. Jackson, W2009-01709-SC-R11CD, 2014 WL 4161966 (Tenn. Aug. 22, 2014)
Pros. First NameAmy
Pros. Last NameWeirich
Trial Year2005
BodySupreme court
OpinionThe Tennessee Supreme Court held that a remark by prosecutor during rebuttal argument violated defendant's constitutional right not to testify and the state committed a Brady violation by failing to disclose a certain witness's third statement to police which would have been useful to the defendant until after trial. The Court held that the prosecutor "violated her constitutional right against self-incrimination when the lead prosecutor began final closing argument by walking across the court room, facing Defendant, and declaring in a loud voice, while raising both arms to point at and gesture toward Defendant, 'Just tell us where you were! That's all we are asking, Noura!' . . ."[R]egardless of the lead prosecutor's intent, the lead prosecutor's remark was of such a character that the jury would necessarily have taken it to be a comment on Defendant's exercise of her constitutional right not to testify." While declining to determine the Brady violation to be intentional, the Court noted "that this is not the first time prosecutors in the Thirtieth Judicial District have withheld evidence that should have been disclosed. [citations omitted]"
Determination Year2013
Misconduct TypePT: Brady
TR: Impugning
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
Web link