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STATE v. SCARBOROUGH

201 S.W.3d 607 (2006)

STATE of Tennessee v. Bruce Warren SCARBOROUGH. State of Tennessee v. Mack T. Transou.

Supreme Court of Tennessee, at Jackson.

August 28, 2006.

Petition to Reconsider Denied September 19, 2006.

Attorney(s) appearing for the Case

Mark E. Stephens, District Public Defender, and John Halstead, Assistant Public Defender, Knoxville, Tennessee, for the Appellant, Bruce Warren Scarborough.

Mike Mosier (at trial on No. 02-359) and Richard L. Finney (at trial on No. 02-360 and on appeal in both cases), Jackson, Tennessee, attorneys for the Appellant, Mack T. Transou.

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Brent C. Cherry, Assistant Attorney General; Randall E. Nichols, District Attorney General, and Kevin Allen, Assistant District Attorney (Scarborough); Jerry Woodall, District Attorney General, and Jody S. Pickens, Assistant District Attorney General (Transou), attorneys for the Appellee, State of Tennessee.

OPINION

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

We granted these appeals to determine whether the extraction of blood from a convicted and incarcerated felon for DNA analysis pursuant to Tennessee's DNA collection statute, Tenn.Code Ann. § 40-35-321 (2003), is constitutional under...

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