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DYKES v. COMPTON

978 S.W.2d 528 (1998)

Dennis DYKES, Appellant, v. Billy COMPTON, Warden, Appellee.

Supreme Court of Tennessee, at Nashville.

September 21, 1998.

Attorney(s) appearing for the Case

Lloyd R. Tatum, Henderson, for Appellant.

John Knox Walkup, Attorney General and Reporter, Michael E. Moore, Solicitor General, Elizabeth T. Ryan, Assistant Attorney General, Nashville, C. Phillip Bivens, District Attorney General, Dyersburg, for Appellee.

OPINION

BIRCH, Justice.

Convicted in 1989 upon a plea of guilty to aggravated rape and now serving a thirty-five year sentence, the appellant, Dennis Dykes, claims in a petition for writ of habeas corpus that the failure of the indictment to allege a culpable mental state renders the indictment invalid and the resulting conviction void. The trial court dismissed the petition, concluding that challenges...

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