TBA Law Blog

Posted by: Suzanne Craig Robertson on Mar 9, 2012

In three unanimous decisions issued today, the Tennessee Supreme Court significantly changed the tests and procedures for determining when multiple convictions are permissible under the state and federal constitutions. State v. Watkins and State v. Cross confronted the issue of whether multiple convictions under different statutes violate the state constitutional prohibition against double jeopardy. In State v. White, the court announced changes in cases involving charges of kidnapping and an accompanying felony. The court concluded that a separate due process test is no longer necessary for determining whether convictions for kidnapping and an accompanying felony may be upheld. In today’s decision, the court set out temporary jury instructions and invited the Tennessee Pattern Jury Instruction Committee to develop permanent guidelines for future cases. The court also pointed out that its decision does not create a new rule of constitutional law and, therefore, does not require retroactive application. Learn more from the Administrative Office of the Courts.