W2026-00706-SC-RDM-PD
Tenn.May 19, 2026Background
- Tony Carruthers, a death-row inmate, sought last-minute DNA testing of fingernail scrapings and bindings from murder victims shortly before his scheduled execution. 1
- Carruthers, James Montgomery, and Jonathan Montgomery killed Marcellos Anderson, Delois Anderson, and Freddrick Tucker in February 1994 and buried them in a Memphis cemetery. 2
- Trial evidence included Carruthers's statements about a "master plan," witnesses seeing him with the victims, and Alfredo Shaw's testimony that Carruthers confessed to the murders. 3
- Carruthers previously pursued post-conviction, habeas, DNA, and fingerprint-testing claims, all of which failed. 4
- In May 2026, the post-conviction court denied DNA testing, finding Carruthers failed the DNA Act's mandatory and discretionary criteria. 5
- This Court assumed jurisdiction and affirmed, holding Carruthers failed to satisfy the DNA Act and filed too late to show a non-delay purpose. 6
- The court also noted Carruthers asked to proceed without an evidentiary hearing, and such a hearing was not required. 7
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did Carruthers satisfy the DNA Act's first criterion? 8 | Carruthers argued favorable DNA results could show he was not prosecuted or convicted. | The State argued overwhelming trial evidence defeats any reasonable-probability showing. | No; Carruthers failed the first criterion. 9 |
| Did Carruthers satisfy the DNA Act's fourth criterion? 10 | Carruthers claimed he sought testing to prove innocence. | The State argued the eve-of-execution filing showed delay. | No; the motion was filed to unreasonably delay execution. 11 |
| Was an evidentiary hearing required? 12 | Carruthers contended the court erred by not holding one. | The State argued the DNA Act does not require a hearing. | No; a hearing was not required. 13 |
Key Cases Cited
- State v. Carruthers, 35 S.W.3d 516 (Tenn. 2000) (describes the underlying murders and trial evidence 14)
- Powers v. State, 343 S.W.3d 36 (Tenn. 2011) (all four DNA Act elements must be met; no evidentiary hearing required 15)
- Black v. Strada, 721 S.W.3d 223 (Tenn. 2025) (defines abuse of discretion 16)