State of Tennessee v. Hassan Falah Al Mutory

State of Tennessee v. Hassan Falah Al Mutory
M2017-00346-SC-R11-CD

We granted this appeal to determine whether, after the death of a defendant during an appeal as of right from a conviction, the Court of Criminal Appeals should follow our holding in Carver v. State, 398 S.W.2d 719 (Tenn. 1966). We conclude that, due to changes in Tennessee’s public policy in the arena of victims’ rights, the doctrine of abatement ab initio must be abandoned. Because there is no evidence before the Court that any interest would benefit from allowing the deceased defendant’s appeal to continue, we hold that, in this case, the deceased defendant’s appeal as of right from his conviction should be dismissed.

Authoring Judge: 
Justice Cornelia A. Clark
Originating Judge: 
Judge Seth W. Norman
Date Filed: 
Wednesday, August 7, 2019