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VAN TRAN v. STATE

66 S.W.3d 790 (2001)

Heck VAN TRAN v. STATE of Tennessee.

Supreme Court of Tennessee, at Jackson.

December 4, 2001.

Attorney(s) appearing for the Case

Brock Mehler, Nashville, Tennessee, and William D. Massey, Memphis, Tennessee, for the appellant, Heck Van Tran.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Alice B. Lustre and Jennifer L. Smith, Assistant Attorneys General, Nashville, Tennessee, for the appellee, State of Tennessee.

OPINION

E. RILEY ANDERSON, J., delivered the opinion of the court, in which FRANK F. DROWOTA, III, C.J., and ADOLPHO A. BIRCH, JR., join.

We granted this appeal to determine whether the trial court and the Court of Criminal Appeals erred by denying the petitioner's motion to reopen his post-conviction petition. In his motion, the petitioner asserted that new evidence establishes that he is mentally retarded...

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