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JOHNSON v. STATE

797 S.W.2d 578 (1990)

Cecil C. JOHNSON, Jr., Appellant, v. STATE of Tennessee, Appellant.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied October 22, 1990.

Attorney(s) appearing for the Case

Charles Burson, Atty. Gen. & Reporter, Kymberly Lynn Anne Hattaway, Asst. Atty. Gen., Nashville, for State's appeal.

James F. Sanders, James G. Thomas, George H. Cate, III, Neal & Harwell, Nashville, for Johnson's appeal.

OPINION

O'BRIEN, Justice.

This post-conviction proceeding is before the Court on joint applications for permission to appeal from the judgment of the Court of Criminal Appeals. The State takes issue with that court's judgment ruling that the prosecuting attorney's argument at trial was violative of the Eighth Amendment and whether or not the defendant waived any right to post-conviction relief on his claim of prosecutorial misconduct. The defendant-petitioner...

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