STATE OF TENNESSEE v. GAVIN QUAEDVLIEG - Articles

All Content

STATE OF TENNESSEE v. GAVIN QUAEDVLIEG

Posted by: Tanja Trezise on Feb 27, 2024

Court: TN Court of Criminal Appeals

Attorneys 1: Scott A. Lanzon, Knoxville, Tennessee, for the appellant, Gavin Quaedvlieg.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Katherine C. Redding, Senior Assistant Attorney General; Charme P. Allen, District Attorney General; and Joanie S. Stewart, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): HIXSON

A Knox County jury convicted the Defendant, Gavin Quaedvlieg, of rape. The Defendant appeals, contending that the prosecutor impermissibly commented upon his silence at trial during the State’s rebuttal closing argument and that the trial court erred in denying his motion for new trial on this issue. The State argues that the Defendant has waived plenary review of this issue and that he is not entitled to plain error relief. In his reply brief, the Defendant counters that he has not waived plenary review and that, in any event, he is entitled to plain error relief. We conclude that the Defendant has waived plenary review and that he is not entitled to plain error relief. We affirm the judgment of the trial court.

Attachments: