By Jedidiah McKeehan
Every now and then a criminal case stirs up more than routine interest—news coverage intensifies, social media churns, courthouse steps fill with onlookers, and emotions run hot. Tennessee law recognizes that this kind of atmosphere can threaten a defendant’s right to a fair trial. Tennessee Code Annotated Section 40-14-108 gives trial judges the authority to grant a continuance—essentially, to delay proceedings—when “too great excitement” would operate to the prejudice of the defendant. Importantly, whether to pause the case rests in the sound discretion of the court, not as an automatic rule.
This provision has been on the books in some form since the nineteenth century. Earlier Tennessee law once provided for an automatic continuance in the face of community excitement, but that approach was repealed long ago. The modern statute, originating with an 1875 act, leaves it to the trial judge to weigh the circumstances and decide whether a cooling-off period is necessary to protect the fairness of the trial.
Practically speaking, a defense lawyer invoking this law will point to factors showing that immediate trial would be unfair: saturation media coverage, crowd demonstrations, or other conditions suggesting jurors could be influenced before they ever hear proper evidence in court. A judge may compare timing options, assess whether voir dire could cure potential bias, and decide if a short reset might let passions subside. Because the statute vests discretion in the trial court, the decision is highly case-specific and will generally be upheld on appeal if the judge made a reasoned call based on the record.
It is also worth noting what this law does not do. It does not change the venue of the case or move it to a different county; it merely allows a delay when local excitement risks impairing impartiality. Requests to change where a trial is held are a separate matter governed by different rules. This law is simply one tool a Tennessee judge can use to safeguard fairness when emotions are running high, ensuring that verdicts are based on evidence presented in court rather than on the swirl of public opinion outside it.
Jedidiah McKeehan is an attorney practicing in Knox County and surrounding counties. He works in many areas, including family law, criminal, and personal injury. Visit attorney-knoxville.com for more information about this legal issue and other legal issues.
