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STATE v. MOATS

906 S.W.2d 431 (1995)

STATE of Tennessee, Appellant, v. Andrew Lee MOATS, Appellee.

Supreme Court of Tennessee, at Knoxville.

September 11, 1995.

Attorney(s) appearing for the Case

Charles W. Burson, Attorney General and Reporter, Merrilyn Feirman, Assistant Attorney General, Nashville, for appellant.

Randall E. Reagan, Knoxville, for appellee.

OPINION

ANDERSON, Chief Justice.

We granted this appeal to decide the proper remedy when an appellate court determines that a trial court has failed to perform its function as the "thirteenth juror." Historically at common law, the only remedy was an automatic reversal and new trial. Another option is a remand to the trial court with instructions to perform its duty as the "thirteenth juror." We conclude that granting a new trial is the only remedy which...

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