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

State of Tennessee v. Hassan Falah Al Mutory - Concurring in part and Dissenting in part
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 It is an outdated concept.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
Date Filed: 
Wednesday, August 7, 2019