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MILLER v. STATE

54 S.W.3d 743 (2001)

David Earl MILLER v. STATE of Tennessee.

Supreme Court of Tennessee, at Knoxville.

Petition for Rehearing Denied September 28, 2001.

Attorney(s) appearing for the Case

Mark Stephens, John Halstead, and Paula R. Voss, Knoxville, TN, for the appellant, David Earl Miller.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Daryl J. Brand, Associate Solicitor General; Randall E. Nichols, District Attorney General; and Robert L. Jolley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

W. Mark Ward, Memphis, Tennessee, for Amicus Curiae, Tennessee Association of Criminal Defense Lawyers.

OPINION

FRANK F. DROWOTA, III, J., delivered the opinion of the court, in which E. RILEY ANDERSON, C.J., ADOLPHO A. BIRCH JR., JANICE M. HOLDER and WILLIAM M. BARKER, JJ., joined.

We granted petitioner, David Earl Miller's application for permission to appeal to determine whether this Court's decision in State v. Brown, 836 S.W.2d 530 (Tenn.1992) created a new state constitutional rule regarding the elements of...

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