State v. Martha Jane Durocher
Court: Tennessee Court of Criminal Appeals Docket: M2024-01290-CCA-R3-CD Filed: March 27, 2026 County: Maury County Outcome: Conviction reversed for insufficient evidence
The Holding
A Maury County felony reckless endangerment conviction was reversed for insufficient evidence. The State did not prove that the defendant’s conduct placed an identified victim in imminent danger of death or serious bodily injury — an essential element of felony reckless endangerment under Tenn. Code Ann. § 39-13-103.
Why It Matters
Felony reckless endangerment under Tennessee law is not just “dangerous behavior near other people.” The statute requires proof of imminent danger of death or serious bodily injury to a specific person or persons. Many prosecutions in Middle Tennessee charge this offense based on a weapon being present near a vague crowd, without identifying specifically who was placed in imminent risk.
Durocher is a sufficiency hook for that exact pattern. If the State’s evidence consists of “weapon plus unspecified proximity,” without naming or describing identified victims and the imminent risk to them, the elements of the offense aren’t met.
If you are charged with felony reckless endangerment in Tennessee, your defense lawyer should be running the State’s proof through this exact filter.
Statute / Rule References
Tenn. Code Ann. § 39-13-103 (reckless endangerment)
Read the Opinion
You can find the full opinion on the Tennessee Courts website. Search the Tennessee Court of Criminal Appeals 2026 opinions index by docket number M2024-01290-CCA-R3-CD.
Charged with a Tennessee Criminal Case?
I’m Nathan Cate. I defend criminal cases in Davidson, Williamson, Rutherford, Sumner, Wilson, and Maury Counties. If your case touches the issues above — or any other Tennessee criminal matter — call (615) 664-8083 for a free consultation. I’ll review the charging document, run the procedural posture, and tell you what your case actually looks like.
N. Cate Law 222 2nd Avenue North, Suite 220 Nashville, TN 37201 catelaw.com · Violent Crimes
This is a summary of a published opinion, not legal advice. Holdings cited may evolve as later cases distinguish or overrule them. If you have a pending case that touches one of these issues, contact N. Cate Law for case-specific guidance.
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