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DAVIS v. STATE

673 S.W.2d 171 (1984)

Bethel DAVIS, Appellant, v. STATE of Tennessee, Appellee.

Court of Criminal Appeals of Tennessee, at Nashville.

Permission to Appeal Denied June 18, 1984.

Attorney(s) appearing for the Case

Susan L. Kay, Vanderbilt Legal Clinic, Nashville, for appellant.

William M. Leech, Jr., Atty. Gen., Kymberly Lynn Anne Hattaway, Asst. Atty. Gen., Nashville, Tom P. Thompson, Dist. Atty. Gen., Hartsville, for appellee.

Permission to Appeal Denied by Supreme Court June 18, 1984.

OPINION

WALKER, Presiding Judge.

The petitioner, Bethel Davis, appeals from the denial of his petition for postconviction relief after an evidentiary hearing. We find that the trial judge and the district attorney general failed to perform the mandatory duties imposed upon them under the postconviction relief act, and we therefore remand for a proper hearing.

Davis is serving a ten...

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