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TCA 40-18-119

Presumption that original trial judge has served as thirteenth juror and approved unanimous verdict

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What does this charge mean?

Presumption that original trial judge has served as thirteenth juror and approved unanimous verdict.

Penalty Details

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Penalty SummaryClassification not specified
When any successor judge to the original trial judge or any appellate court is determining if a new trial should be granted to a criminal defendant on the grounds that the verdict of guilty is against the weight of the evidence, immediately upon the original trial judge dismissing a jury following the return of a unanimous verdict, there is created a presumption that the original trial judge has served as the thirteenth juror and approved the jury’s verdict with respect to each count on which a unanimous verdict was returned.
View on official sourceLast verified: Feb 25, 2026

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TCA Section40-18-119