State of Tennessee v. Hassan Falah Al Mutory - Concurring in part and Dissenting in part

Case Number
M2017-00346-SC-R11-CD

I agree that this Court should do away with the doctrine of abatement ab initio. It is an outdated concept. That said, I cannot go along with the Court’s decision to dismiss Mr. Mutory’s appeal. The Court should adopt a procedure for appellate review of a deceased defendant’s conviction and then remand the case so the parties can present evidence based on the new procedure. We have a duty to change the law when it no longer serves the interests of justice—but in doing so, we should not do an injustice to a party. 

Authoring Judge
Justice Sharon G. Lee
Originating Judge
Judge Seth W. Norman
Case Name
State of Tennessee v. Hassan Falah Al Mutory - Concurring in part and Dissenting in part
Date Filed
Dissent or Concur
No
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