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Tennessee District Public Defenders Conference

Emerging from the “Quagmire”: Updates to the Certified Question Procedure

On August 12, 2026, the Tennessee Supreme Court issued two opinions, State of Tennessee v. Torrian Seantel Bishop and State of Tennessee v. William Tony Burrell, that serve as a departure from the nearly impossible certified question procedure outlined in Tennessee Rule of Criminal Procedure 37(b)(2)(A). The requirements set forth in the rule have, for […]