State v. Al Mutory
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The Supreme Court reversed the judgment of the Court of Criminal Appeals declining to grant the State's request to abandon the doctrine of abatement ab initio, holding that, due to changes in Tennessee's public policy in the arena of victims' rights, the doctrine of abatement ab initio must be abandoned.
During an appeal from his conviction, the defendant in this case died. The defendant's attorney filed a motion asking the Court of Criminal Appeals to apply the doctrine of abatement ab initio, which the Supreme Court adopted in Carver v. State, 398 S.W.2d 719 (Tenn. 1966). The doctrine stops all proceedings from the beginning and renders the defendant as if he or she had never been charged. The State opposed the motion and urged the appellate court to abandon the doctrine. The Court of Criminal Appeals declined to do so and abated Defendant's conviction. The Supreme Court overruled the Court of Criminal Appeals' judgment, dismissed the appeal, and reinstated the trial court's judgment, holding that the doctrine of abatement ab initio must be abandoned and that, in this case, because there was no evidence that any interest would benefit from allowing the deceased defendant's appeal to continue, the appeal should be dismissed.
Court Description:
Authoring Judge: Justice Cornelia A. Clark
Trial Court Judge: Judge Seth W. Norman
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.
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