State of Tennessee v. Marcus Puckett, W2016-00353-CCA-R3-CD

Defendant Marcus Puckett was charged and convicted of DUI after a 2013 jury trial; that conviction was reversed and a new trial ordered because the State failed to comply with Sensing requirements for breath testing evidence.
At the second trial, Officer Joshua Shultz stopped Puckett early morning after observing erratic driving; Puckett was shirtless, injured, covered in blood, incoherent, smelled of alcohol, had glassy/watery eyes, and was unsteady.
Officers did not administer field sobriety tests due to weather and Puckett’s condition; he was arrested for DUI and a video recording of the traffic stop existed (over two hours long).
At the second trial, the State played the first 45 minutes of the video for the jury; the defense had discussed and agreed beforehand that the first 45 minutes would be played.
Puckett appealed, arguing the trial court erred by allowing the State to play the entire (unedited) video including portions previously ruled inadmissible, and that playing the video amounted to prosecutorial misconduct.
The Court of Criminal Appeals affirmed, finding waiver: the record lacked the prior exclusion order so the appellant failed to preserve the issue and the defendant had acquiesced to playing the first 45 minutes and failed to object at trial or raise prosecutorial misconduct in the new-trial motion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of video at second trial	State: play first 45 minutes; video relevant to stop and arrest	Puckett: court erred by allowing entire/unredacted video, including portions previously ruled inadmissible	Waived — record lacks prior exclusion ruling; only 45 minutes played; appellant failed to prepare adequate record and acquiesced to 45-minute play
Failure to contemporaneously object	State: no contemporaneous objection at trial	Puckett: preserved claim of error on appeal	Waived — defense agreed pretrial, offered no contemporaneous objection, and used the video during cross-examination and closing
Prosecutorial misconduct for playing video	State: no misconduct; procedure followed	Puckett: playing video despite prior ruling was misconduct	Waived — issue not raised in motion for new trial, so cannot be raised on appeal
Sufficiency of record to review exclusion	State: presumption trial court acted correctly absent record	Puckett: court should have compared to prior ruling and found violation	Court presumes correctness of trial court; appellant failed to produce record proving error

State v. Ballard, 855 S.W.2d 557 (Tenn. 1993) (appellant bears burden to prepare adequate record for appellate review)
State v. Richardson, 875 S.W.2d 671 (Tenn. Crim. App. 1993) (absent adequate record, appellate courts must presume trial court rulings were correct)
State v. Sensing, 843 S.W.2d 412 (Tenn. 1992) (requirements for admissibility of breath alcohol test evidence)
State v. Killebrew, 760 S.W.2d 228 (Tenn. Crim. App. 1988) (failure to make contemporaneous objection waives issue)
State v. Jenkins, 733 S.W.2d 528 (Tenn. Crim. App. 1987) (same: contemporaneous objection required)
State v. Rhoden, 739 S.W.2d 6 (Tenn. Crim. App. 1987) (same principle on waiver by silence)
State v. Martin, 940 S.W.2d 567 (Tenn. 1997) (issues not raised in motion for new trial are waived on appeal)
State v. Johnson, 970 S.W.2d 500 (Tenn. Crim. App. 1996) (issues raised first on appeal are considered waived)