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STATE v. FLAKE

88 S.W.3d 540 (2002)

STATE of Tennessee v. Christopher M. FLAKE.

Supreme Court of Tennessee, at Jackson.

Opinion Denying Rehearing October 24, 2002.

Attorney(s) appearing for the Case

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General, Thomas D. Henderson and John W. Campbell, Assistant District Attorneys General, for the appellant, State of Tennessee.

David L. Raybin, Nashville, Tennessee; Leslie I. Ballin, Memphis, Tennessee, and Steven E. Farese, Ashland, Mississippi, for the appellee, Christopher M. Flake.

OPINION

FRANK F. DROWOTA, III, C.J., delivered the opinion of the court, in which JANICE M. HOLDER and WILLIAM M. BARKER, JJ., joined.

The defendant was charged with attempted first degree murder for shooting the victim, a pastoral counselor, at a church in Memphis, Tennessee. At trial, the facts surrounding the shooting and the defendant's guilt were not contested. Instead, the defense sought to establish...

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