Motion for retrial is ‘unquestionably’ entitled
Shanterrica Madden, who was convicted of second-degree murder last July in the stabbing of Lady Raider Tina Stewart, has filed for a retrial through her attorney, Joe Brandon Jr.
Brandon filed the motion with the Rutherford County Circuit Court on grounds of an unfair trial.
In the motion, Brandon cites insufficient evidence, excessive sentencing, and no basis for consecutive sentences– she was convicted of both second-degree murder and tampering with evidence– as reasons for retrial.
The motion also reads that Madden had her constitutional rights violated with the admittance of juror questioning– a routine process in many cases– and that she was denied due process when Judge Don Ash failed to recuse himself from the court.
Due process is the promise of fair treatment in criminal and civil cases through the availability of all protections by the law.
“We are entitled to a new trial; unquestionably we are entitled to a new trial,” Brandon told WSMV-TV.
Brandon is questioning Madden’s fair treatment during the trial because of Ash’s connections to MTSU. Ash is scheduled to be sworn in by Gov. Bill Haslam as a senior judge this week, and it is unknown if Ash will preside over the motion.
There is no date currently set regarding the motion on the circuit court docket, as transcriptions of the original trial have not been completed.
“We reviewed the motion for a new trial, and there is nothing in there that surprises us,” said J. Paul Newman, Rutherford County assistant district attorney in an interview with WSMV-TV. “We believe the judge conducted a fair and just trial. We don’t believe any errors were made. We think that the motion for a new trial will be dismissed.”
Brandon was out of town and did not respond at a request to comment directly to Sidelines.
The altercation between Stewart and Madden took place on March 2, 2011, at the Raiders Crossing apartment the two girls shared.