Kelly Frye v. State of Tennessee

The Petitioner, through counsel, seeks an extraordinary appeal pursuant to Tennessee Rule of Appellate Procedure 10 from (1) the post-conviction court’s preliminary order entered on April 21, 2025; (2) the order denying a motion to strike or vacate that order entered on May 13, 2025; and (3) the order denying an interlocutory appeal entered on August 1, 2025. 1 The Petitioner argues that the post-conviction court’s dismissal of her ineffective assistance of counsel claim as being previously determined, and its subsequent denials of requests for rehearing and review, “so far departed from the accepted and usual course of judicial proceedings as to require immediate review.” Tenn. R. App. P. 10(a). The Petitioner also requests a stay of the post-conviction proceedings. Upon review of the application and its supporting documents, we conclude that the Petitioner has not demonstrated grounds for extraordinary relief under Rule 10. Accordingly, a response from the State is not required, and the application is DENIED. Tenn. R. App. P. 10(d).