Opinion

Evans v. State

  • 557 S.W.2d 927
  • 1977 Tenn. Crim. App. LEXIS 318
Court
Court of Criminal Appeals of Tennessee
Filed
Aug 26, 1977
Status
Published
Author
Galbreath
On the bench
O'Brien, Galbreath, Russell
Cited by
24 cases
Authority
More cited than 8.1%

stating that a new trial will not be granted upon the ground of newly discovered evidence where the -16- evidence has no other effect “than to discredit the testimony of a witness at the original trial, contradict a witness’s statements, or impeach a witness, unless the testimony of the witness who is sought to be impeached was so important to the issue, and the evidence impeaching the witness so strong and convincing, that a different result must necessarily follow”

How later courts described this case

  • stating that a new trial will not be granted upon the ground of newly discovered evidence where the -16- evidence has no other effect “than to discredit the testimony of a witness at the original trial, contradict a witness’s statements, or impeach a witness, unless the testimony of the witness who is sought to be impeached was so important to the issue, and the evidence impeaching the witness so strong and convincing, that a different result must necessarily follow”
  • stating that a new trial will not be granted upon the ground of newly discovered evidence where the evidence has no other effect “than to discredit the testimony of a witness at the original trial, contradict a witness’s statements, or impeach a witness, unless the testimony of the witness who is sought to be impeached was so important to the issue, and the evidence impeaching the witness so strong and convincing, that a different result must necessarily follow”
  • reiterating that “a new trial will not be granted upon the ground of newly discovered evidence where it appears that such new evidence can have no other effect than to discredit the testimony of a witness at the original trial, contradict a witness’s statements, or impeach a witness, unless the testimony of the witness who is sought to be impeached was so important to the issue, and the evidence impeaching the witness so strong and convincing, that a different result must necessarily follow”
  • stating “supposing all the evidence new and old to be before another jury, whether they ought to return a verdict more favorable . . . than the one returned on the original trial”

Written by the judges who cited it.

The opinion

GALBREATH, Judge,

concurring.

I concur in the result reached in Judge O'Brien’s exhaustive opinion, although I agree with appellant, Emmit Evans, that he was denied the right to confront his co-defendant Marion Smith, concerning statements by Smith implicating Evans, as recounted by the witness Valerio. That these statements were made as part of an alleged conversation between the two defendants should not, it seems to me, take them out of the Bruton rule. Whatever Evans said, of course, would be admissible. What Smith said should not, as I see it.

However, I would hold the error harmless in view of the other independent and competent evidence of Evans’ participation in the murder. I am convinced beyond a reasonable doubt that the complained of testimony did not effect the verdict. Harrington v. State, 215 Tenn. 338 , 385 S.W.2d 758 (1964); Harrington v. California, 395 U.S. 250 , 89 S.Ct. 1726 , 23 L.Ed.2d 284 (1969).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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