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STATE v. NICHOLS

24 S.W.3d 297 (2000)

STATE of Tennessee v. James C. NICHOLS.

Supreme Court of Tennessee, at Nashville.

June 30, 2000.

Attorney(s) appearing for the Case

Jeffrey A. Devasher, Assistant Public Defender, Robert M. Robinson, Assistant Public Defender, Mary Griffin, Assistant Public Defender, for appellant, James C. Nichols.

Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Elizabeth B. Marney, Assistant Attorney General, Victor S. Johnson, III, District Attorney General, Nicholas D. Bailey, Assistant District Attorney General, for appellee, State of Tennessee.

OPINION

BIRCH, J., delivered the opinion of the court, in which ANDERSON, C.J., and DROWOTA, HOLDER, and BARKER, JJ., joined.

We granted this appeal to determine whether the jury instruction given pursuant to a previous version of Tenn.Code Ann. § 40-35-201(b) during the guilt phase of the trial of James C. Nichols, the defendant, violated his due process rights under the Fourteenth Amendment to the United States Constitution and under Article I, &...

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