DA Steve Mulroy says he disagrees with the court's remarks and that it is proper for prosecutors to agree with the defense
Steve MulroyShelby County District Attorney, in a statement released by his office
After the August 26 hearing in Andrew Hayes's case, District Attorney Steve Mulroy said he disagreed with the court's remarks, that it is appropriate and ethically required for prosecutors to agree with the defense when convinced by the facts and the law, and that the district attorney's office is the appropriate office at the trial-court level.
Responding to
At the trial-court level in Andrew Hayes's post-conviction case, the district attorney's office, not the Tennessee attorney general's office, is the proper party to represent the state.
“We respectfully disagree with the Court's remarks. It's entirely appropriate for the prosecution to agree with the defense when the prosecution is convinced that the facts and the law justify that position. In fact, it would be unethical for a prosecutor to do otherwise.”
Official statement
Where this statement fits
Judge Lee Coffee steps aside from Andrew Hayes's wrongful-conviction case, denying bias; DA Steve Mulroy disputes his remarks on the prosecutor's role
Andrew Hayes has been in prison since 2010 for the 2007 killing of Danny Harris in Memphis. In January 2026, Shelby County District Attorney Steve Mulroy said his office's Justice Review Unit, working with the Tennessee Innocence Project, had concluded that Hayes was wrongfully convicted and that the office would not oppose his petition to vacate the conviction. At a hearing in August, Criminal Court Judge Lee Coffee said the state was not represented and that the attorney general's office should have been present, and he said the Justice Review Unit should not have authority to ask the court to overturn the conviction. In September, Hayes's lawyers asked Coffee to step aside, saying those statements showed bias, and the district attorney's office agreed in a September 17 filing. On November 6, Coffee granted the request while denying any prejudice, and the case went back to the court clerk for assignment to a new judge.
Source and context
Official statement
About this source
News release of August 26, 2026, after a hearing in Andrew Hayes's case, with District Attorney Steve Mulroy's statement responding to the court's remarks. It says the court would continue reviewing the matter and reconvene on October 9.
Archived copy (opens in a new tab)Before the quotation
The release says that after the August 26 hearing, the court said it would continue reviewing the matter and reconvene on October 9.
After the quotation
Mulroy said the case law is clear that at the trial-court level the appropriate office is the district attorney's office, not the attorney general's office, that his office remains convinced Hayes was wrongfully convicted, and that it hopes to address the court's jurisdictional concerns before a final decision.
How this statement is classified
The label describes this statement's response within the context above.
Why this label?
The reference point is Judge Lee Coffee's handling of Andrew Hayes's petition to vacate his conviction, including his remarks at the August 2026 hearing on the district attorney's role, which Hayes's lawyers cited as evidence of bias. Mulroy expressly rejects the court's remarks about his office's role, which criticizes the judge's handling of the petition.
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- People and groups discussed
- Lee V. Coffee
More from this case
Read the full caseJudge Lee Coffee grants the recusal request but says there is no prejudice on his court
“Because we have to avoid even an inference of impropriety. There's no subjective prejudice on this court at all. In fact, I could have denied this request without even giving you a hearing.”Read statement
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- DA Steve Mulroy says he disagrees with the court's remarks and that it is proper for prosecutors to agree with the defense
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The Dispute Index. "DA Steve Mulroy says he disagrees with the court's remarks and that it is proper for prosecutors to agree with the defense". First published: 2026-11-12. Last updated: 2026-11-12. https://disputeindex.com/events/8638-after-the-august-26-hearing-in-andrew-hayes