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JOHNSON v. STATE

38 S.W.3d 52 (2001)

Erskine Leroy JOHNSON v. STATE of Tennessee.

Supreme Court of Tennessee.

January 19, 2001.

Attorney(s) appearing for the Case

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Amy L. Tarkington, Senior Counsel Criminal Division, Nashville, TN, for the appellant, State of Tennessee.

Joseph S. Ozment, Memphis, TN; Jonathan I. Blackman, New York, NY; David E. Brodsky, New York, NY, for the appellee, Erskine Leroy Johnson.

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

The sole issue in this capital post-conviction appeal is whether the State improperly withheld material, exculpatory evidence at the appellee's capital sentencing hearing. The appellee was convicted of felony murder and sentenced to death in 1985, and in 1991, he filed a post-conviction petition alleging, among other things, that the State improperly...

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