State of Tennessee v. Cindy Smith

The defendant, Cindy Smith, appeals her Shelby County Criminal Court jury convictions
of driving under the influence (DUI); DUI with a blood alcohol concentration (BAC)
greater than .08%; DUI with a BAC greater than .20%; and DUI, third offense, arguing
that the trial court erred by refusing to order redaction of her repeated use of racial slurs
from the video recording of her arrest. She asserts that the admission of this evidence
violated Tennessee Rule of Evidence 403 and deprived her of the constitutional right to a
fair trial. We conclude that the trial court did not err by refusing to redact the recording
and that the Defendant has waived her constitutional challenge. Accordingly, we affirm.