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STATE v. REID

981 S.W.2d 166 (1998)

STATE of Tennessee, Appellee, v. Paul Dennis REID, Appellant, and State of Tennessee, Appellee, v. Christopher Davis, Appellant.

Supreme Court of Tennessee, at Nashville.

November 23, 1998.

Attorney(s) appearing for the Case

J. Michael Engle, Assistant Metro Public Defender, Nashville, Tennessee, Michael R. Jones, Clarksville, Tennessee, for appellant Reid:

Hershell Koger Pulaski, Tennessee, Niles Nimmo Nashville, Tennessee, for appellant Davis:

Tennessee Association Criminal Defense Lawyers, Jefferson T. Dorsey, Nashville, Tennessee, for amicus curiae:

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Public Defender, Kathy Morante, Assistant District Attorney General, Nashville, Tennessee, Victor S. Johnson, III, District Attorney General, John Wesley Carney, Jr., District Attorney General, for State of Tennessee:

OPINION

DROWOTA, J.

We granted and consolidated the applications for permission to appeal filed on behalf of Paul Dennis Reid and Christopher Davis to consider the following three important questions of criminal procedure.

1. Whether a defendant must give pre-trial notice of the intent to introduce expert testimony of his or her mental condition as mitigation at the sentencing phase of a capital...

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