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STATE v. KERLEY

820 S.W.2d 753 (1991)

STATE of Tennessee, Appellant, v. James Michael KERLEY, Appellee.

Court of Criminal Appeals of Tennessee, at Knoxville.

Permission to Appeal Denied August 5, 1991.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. and Reporter, Amy L. Tarkington, Asst. Atty. Gen., Nashville, Al Schmutzer, Jr., Dist. Atty. Gen., Sevierville, James Gass, Asst. Dist. Atty. Gen., Newport, for appellant.

Kimberly A. Parton, Newport, for appellee.

Permission to Appeal Denied by Supreme Court August 5, 1991.

OPINION

WILLIAM M. DENDER, Special Judge.

This is an appeal as of right by the State from a judgment, entered by the trial court on October 27, 1989, setting aside the petitioner's conviction for first degree murder and granting his request for a new trial.

The issue presented for review is whether the trial court erred in granting the petition for post-conviction relief.

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