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STATE v. SMITH

814 S.W.2d 45 (1991)

STATE of Tennessee, Plaintiff-Appellant, v. Harold Vernon SMITH, Defendant-Appellee.

Supreme Court of Tennessee, at Knoxville.

July 1, 1991.

Attorney(s) appearing for the Case

Charles W. Burson, Atty. Gen. & Reporter, James W. Milam, Asst. Atty. Gen., Nashville, for plaintiff-appellant.

James R. Mercer, Greeneville, for defendant-appellee.

OPINION

REID, Chief Justice.

This case presents an appeal by the State from the decision of the Court of Criminal Appeals reversing the trial court's dismissal of appellee's fourth petition for post-conviction relief and remanding the case to the Criminal Court of Greene County for a hearing on the petition. The trial court had dismissed the petition upon finding substantial compliance with Boykin v. Alabama, 395 U.S. 238<...

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