STATE v. PHIPPS


959 S.W.2d 538 (1997)

STATE of Tennessee, Appellant, v. David Willard PHIPPS, Jr., Appellee.

Supreme Court of Tennessee, at Jackson.

December 22, 1997.


Attorney(s) appearing for the Case

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Kathy Morante, Deputy Attorney General, Criminal Justice Division, Lisa A. Naylor, Assistant Attorney General, Nashville, Robert "Gus" Radford, District Attorney General, Huntingdon, for State.

Lionel R. Barrett, Jr., Nashville, Jacob M. Dickinson, IV, Memphis, for David Willard Phipps, Jr.


OPINION

DROWOTA, Justice.

In this appeal, we must determine whether the State's decision to pursue the death penalty, following the defendant's successful appeal of his conviction for which the death penalty originally was not sought, gives rise to a rebuttable presumption of prosecutorial vindictiveness. After carefully considering the relevant legal principles, we conclude that the rebuttable presumption of vindictiveness applies in this case. Because...

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