Dave was extremely professional but more importantly I was treated as a person not a case. He always returned calls and emails in a very timely manner. I would definitely recommend Dave to help with legal needs! -Jennifer S.

As someone who never had a lawyer, David made everything as simple as possible. He is very easy to communicate with and provides all the answers and support you will ever need. If I ever need a lawyer again, David will be my first choice to contact. -Andrew

I was falsely accused of something and had an order filed against me. Ben represented me during court and successfully had the order dismissed. He also went above and beyond to make sure it would not show up on my record. – Brittany.

Home » Blog » Abatement of Conviction by Death

Abatement of Conviction by Death


Case: State v. Hassan Falah Al Mutory

Issue: Does a criminal conviction on direct appeal abate upon death of the defendant?

Facts: Defendant was convicted of reckless homicide, but died during the pendency of his direct appeal. Defendant’s attorney moved to abate the conviction due to death, which the State opposed.

Appellate Decision: The Court of Criminal Appeals ordered that the Defendant’s conviction be abated as provided by existing Tennessee case law. Carver v. State, 398 S.W.2d 719 (Tenn. 1966). The Court surveyed several different approaches taken by different states and ultimately held that the dispute is one of public policy which should be resolved by the legislature rather than the judiciary.

Review Granted: August 9, 2018.

Prediction: The Hot List will not offer a prediction because of David’s potential involvement as co-counsel in the appeal.