CALDWELL v. STATE


917 S.W.2d 662 (1996)

Richard CALDWELL, Appellee, v. STATE of Tennessee, Appellant.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied March 18, 1996.


Attorney(s) appearing for the Case

Charles W. Burson, Attorney General and Reporter, Michael E. Moore, Solicitor General, Glenn R. Pruden, Assistant Attorney General, Nashville, James W. Thompson, Assistant District Attorney, Twenty-Sixth Judicial District, for appellant.

David C. Stebbins, Columbus, Ohio, John G. Oliva, Nashville, TN, for appellee.


OPINION

DROWOTA, Justice.

The State of Tennessee appeals from the Court of Criminal Appeals' order reversing the trial court's dismissal of Richard Caldwell's petition for post-conviction relief. The issue for our determination is whether the Court of Criminal Appeals erred in reversing the trial court's judgment and remanding the case for an evidentiary hearing to determine if the petitioner should be relieved...

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