State of Tennessee v. Tyler Ward Enix

In this appeal, we clarify the appropriate standard of review for claims of prosecutorial misconduct during closing argument when a defendant fails to contemporaneously object but later raises the claim in a motion for a new trial.  Tyler Ward Enix was convicted of premeditated first-degree murder and especially aggravated robbery for the 2015 killing of Kimberly Enix.  Mr. Enix filed a motion for a new trial challenging his convictions.  As relevant to this appeal, he alleged that four instances of improper prosecutorial closing argument, which were not contemporaneously objected to at trial, constitute reversible error.  The trial court denied his motion for new trial.  The Court of Criminal Appeals, reviewing the claims under the plain error doctrine, affirmed the trial court’s judgment.  Mr. Enix sought permission to appeal, arguing that this Court should employ plenary review to address his claims because they were included in his motion for a new trial.  We granted permission to appeal and now hold that plain error review is the appropriate standard, and, furthermore, that Mr. Enix is not entitled to relief.  Accordingly, we affirm the decision of the Court of Criminal Appeals for the separate reasons stated herein.