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WOLF v. SUNDQUIST

955 S.W.2d 626 (1997)

Janet L. WOLF and Gerald S. Bowker, individually and as representatives of all similarly situated individuals, Plaintiffs/Appellants, v. Don SUNDQUIST, in his official capacity as Governor of the State of Tennessee; John Knox Walkup, in his official capacity as Attorney General of the State of Tennessee; Victor S. Johnson, III, in his official capacity as District Attorney General for the 20th Judicial District for the State of Tennessee, and Dan M. Alsobrooks, in his official capacity as District Attorney General for the 23rd Judicial District of the State of Tennessee, and as representatives of all District Attorneys General in the State of Tennessee, Defendants/Appellees.

Court of Appeals of Tennessee, Middle Section, at Nashville.

Permission to Appeal Denied October 6, 1997.

Attorney(s) appearing for the Case

Irwin Venick, Dobbins & Venick, Nashville, for Plaintiffs/Appellants.

Jerry L. Smith, Deputy Attorney General, Nashville, for Defendants/Appellees.

Permission to Appeal Denied by Supreme Court October 6, 1997.

OPINION

KOCH, Judge.

This appeal involves the right of persons unalterably opposed to the death penalty to serve as jurors in capital murder cases. Two persons who had been excused for cause in separate capital cases filed suit in the Circuit Court for Davidson County, seeking a declaration that excusing prospective jurors who, as a matter of religious conscience, could not consider...

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