Rule Governing Witness Sequestration Applies Flexibly at Capital Penalty Phase

A violation of Tennessee’s witness sequestration rule does not allow a trial judge to automatically exclude a capital defendant’s witness at the penalty phase, the Tennessee Supreme Court held Sept. 22. Trial courts must consider the impact of the proffered testimony and other relevant circumstances before taking that step, the court said. (State v. Jordan)

Prior to trial in this case, the defense obtained an advisory ruling on the right of the defendant’s family members to testify at sentencing if they attended the guilt phase. The trial judge stated that those who sat through the trial would not ...