VILLANUEVA v. STATE


883 S.W.2d 580 (1994)

John J. VILLANUEVA, Appellant, v. STATE of Tennessee, Appellee.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied August 29, 1994.


Attorney(s) appearing for the Case

Edward C. Miller, Public Defender, Dandridge, for appellant.

Charles W. Burson, Atty. Gen. & Reporter, Jeannie Kaess, Asst. Atty. Gen., Nashville, for appellee.


OPINION

O'BRIEN, Justice.

Petitioner, John Joseph Villaneuva has appealed the trial court's dismissal of his second post-conviction relief petition without benefit of an evidentiary hearing. The Court of Criminal Appeals, relying on both procedural and substantive grounds, affirmed the dismissal, with one judge concurring in results and a third concurring separately. We granted petitioner's Rule 11 application for permission to appeal. The primary issue...

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