State of Tennessee v. Kervin Mercel Collins - Dissenting

The majority concludes that the trial court committed reversible error by failing to grant a mistrial. I respectfully dissent. The majority opines that trial counsel’s overreaching remarks made during his opening statement, informing the jury that it was the victim who first struck the defendant, so tilted the scales of justice as to require the granting of a mistrial for reasons of manifest necessity.  See generally Millbrooks, 819 S.W.2d at 443; Zimmerman, 823 S.W.2d at 226.