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VAUGHN v. STATE

No. M2004-00458-SC-R11-PC, No. M2004-00544-SC-R11-PC.

202 S.W.3d 106 (2006)

JAMES A. VAUGHN v. STATE OF TENNESSEE. AND REARNO VAUGHN v. STATE OF TENNESSEE.

Supreme Court of Tennessee, at Nashville.

Filed September 15, 2006.

Attorney(s) appearing for the Case

Cynthia Hall Templeton, Gallatin, Tennessee, for the appellant, James A. Vaughn.

Brian Dunigan, Goodlettsville, Tennessee, for the appellant, Rearno Vaughn.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; David H. Findley, Assistant Attorney General, for the appellee, State of Tennessee.

William M. Barker, C.J., delivered the opinion of the court, in which E. Riley Anderson, Adolpho A. Birch, Jr., Janice M. Holder, and Cornelia A. Clark, JJ., joined.

OPINION

WILLIAM M. BARKER, CHIEF JUSTICE.

We granted permission to appeal these post-conviction cases and then consolidated them to determine a question common to both: were the petitioners denied effective assistance of counsel when trial counsel failed to object to an erroneous jury instruction regarding the release eligibility for a person convicted of first degree murder when there had been a recent change in the law. Both petitioners also raise additional...

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