IN THE CRIMINAL COURT OF KNOX COUNTY, TENNESSEE STATE OF TENNESSEEcoeems . an Egifn AND NO. 86216A. B. eg LEMARICUS DAVIDSON Hg; AND GEORGE THOMAS, Defendants ORDER Pursuant to the mandate issued by the Tennessee Supreme Court, this Court, has reviewed its previous order and findings which were based on review of the trial transcripts in this cause, motions, review of audio tapes and the entire record. TENN. R. CRIM. P. 25 provides in pertinent parts as follows: (2) Granting cr New Trio!. The successor judge may grant a new trial when that judge concludes that he or she cannot perform those duties because of the failure to preside at the trial or for any other reason. After a review as mandated by the Tennessee Supreme Court, this Court finds that it is unable as successorjudge to perform those duties incumbent upon the Court because of its failure to preside at trial and other reasons. The Cou_rt finds that credibility of the witnesses is an overriding and important issue which obligates this Court to conclude that it cannot perform the duties of the Thirteenth Juror. The mandate of the Tennessee Supreme Court states that if this Court is unable to perform the duties of the successorjudge then this Court is obligated to grant the defendants a new trial. Consequently, this Court grants the defendants a new trial. Enter this the day of 2012. gg KERRY BLACKWOOD, Senior Judge itting by Designation of the Supreme Court CWLFICATE OF SERVICE I Court Clerk, hereby certify that I have mailed _a true andi xact co I of same to all Counsel of Record this the (S, day of 2012. I . .. RK