HENLEY v. STATE


960 S.W.2d 572 (1997)

Steve HENLEY, Appellee, v. STATE of Tennessee, Appellant.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied January 26, 1998.


Attorney(s) appearing for the Case

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, John H. Baker, III, Assistant Attorney General, Nashville, Tom P. Thompson, District Attorney General, John Wooten, Assistant District Attorney General, Hartsville, for Appellant.

Jack E. Seaman, Lyell, Seaman & Shelton, Paul S. Davidson, Stokes & Bartholomew, Nashville, for Appellee.


OPINION

DROWOTA, Justice.

In this post conviction proceeding, the trial court denied relief on all grounds alleged, and specifically found that the petitioner, Steve Henley, had been afforded his constitutional right to effective assistance of counsel at the sentencing phase of his capital trial. The Court of Criminal Appeals found that the evidence preponderated against the trial court's denial of relief with respect to the sentencing phase, and concluded...

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