OWENS v. STATE


908 S.W.2d 923 (1995)

Gaile K. OWENS and Pervis T. Payne, Appellants/Appellees, v. STATE of Tennessee, Appellee/Appellant.

Supreme Court of Tennessee, at Jackson.

October 23, 1995.


Attorney(s) appearing for the Case

Ronald Lee Gilman, Rebecca Pearson Tuttle, Steven C. Brammer, Farris, Hancock, Gilman, Brannan & Hellen, Memphis, for Owens.

J. Brooke Lathram, Willam Lester Jones, R. Porter Field, Burch, Porter & Johnson, Memphis, for Payne.

Charles W. Burson, Attorney General & Reporter, Nashville, Amy L. Tarkington, Assistant Attorney General, Nashville, James J. Challen, III, Thomas D. Henderson, Assistant District Attorneys, Memphis, for Appellee/Appellant.

John E. Herbison, Rebecca Freeman, Nashville, for amicus curiae, Tennessee Association of Criminal Defense Lawyers.


OPINION

ANDERSON, Chief Justice.

We granted this consolidated appeal in order to determine whether the rules, statutes, or constitution of this state, authorize a trial court in a post-conviction capital case to provide expert services if necessary to ensure the constitutional rights of an indigent petitioner. We have determined that this issue is best resolved by an interpretation of the applicable statutes and specifically whether Tenn. Code Ann. §...

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