TBA Law Blog


Posted by: Suzanne Craig Robertson on Jul 23, 2018

Knoxville lawyer Wade Davies writes this month about rules for non-sequestered witnesses in his column, "Crime & Punishment."

"I usually try to write this column about something to which I think I know the answer. I’m not sure about this one," he writes. "Is it still the law that if the prosecuting witness is not sequestered he or she has to testify first?" The answer was clear back in 1903 when the Tennessee Supreme Court held in Smartt v. State that if the prosecuting witness was to be allowed to remain in the courtroom despite “the rule” of sequestration having been invoked, the State had to call the prosecuting witness first. But a lot has changed in those 115 years.