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STATE v. WEST

19 S.W.3d 753 (2000)

STATE of Tennessee v. Stephen Michael WEST.

Supreme Court of Tennessee, at Knoxville.

May 12, 2000.

Attorney(s) appearing for the Case

Roger W. Dickson and Elisabeth B. Donnovin, Chattanooga, Tennessee, and John T. Milburn Rogers, Greeneville, Tennessee, for the appellant, Stephen Michael West.

Michael E. Moore, Solicitor General, Glenn R. Pruden, Senior Counsel, Marvin S. Blair, Assistant Attorney General, Nashville, William Paul Phillips, District Attorney General, and Clifton Herbert Sexton, Assistant Attorney General, Huntsville, for the 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 accepted review in this case to resolve the apparent conflict between Rule 52(b) of the Tennessee Rules of Criminal Procedure and Tenn.Code Ann. § 40-30-111 (1990) (repealed 1995), which limits the scope of review in post-conviction proceedings. In order to resolve this issue, we will also address whether the plain error rule...

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