State of Tennessee v. Gerald E. Saylor

Summary

The court affirmed the defendant's voluntary-manslaughter conviction, holding that his statements about counsel were equivocal under both federal and state constitutional standards and that he subsequently waived his rights. It held that the trial court erred by excluding evidence of the victim's uncommunicated threat, but found the error harmless because substantial uncontroverted evidence established that the victim was the aggressor and that the defendant's response was excessive. The court also held that the possible admission of references to the defendant's parole status did not establish the manifest necessity required for a mistrial. Justice Adolpho A. Birch, concurring in part and dissenting in part, would have found an unequivocal request for counsel but agreed that the conviction should be affirmed because the evidence was overwhelming.