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POWERS v. STATE

No. W2008-01346-SC-R11-PC.

343 S.W.3d 36 (2011)

Rudolph POWERS v. STATE of Tennessee.

Supreme Court of Tennessee, at Jackson.

June 16, 2011.

Attorney(s) appearing for the Case

William Dennis Massey , Michael Casey Shannon , Lorna S. McClusky , and Kemper B. Durand , Memphis, Tennessee, and Craig Cooley, New York, New York, for the appellant, Rudolph Powers.

Robert E. Cooper, Jr. , Attorney General and Reporter; Gordon W. Smith , Associate Solicitor General; John H. Bledsoe , Senior Counsel; William L. Gibbons , District Attorney General; and John W. Campbell , Deputy District Attorney General, for the appellee, the State of Tennessee.

Larry Stewart and Patrick Wayne Norton , Nashville, Tennessee, for the amicus curiae, Dwight Adams, Kevin Curran, James Crow, and Jeffery E. Thoma.

David Louis Raybin , Nashville, Tennessee, for the amicus curiae, Ann Meng, Jennifer Thompson , Melinda Elkins , and Michele Mallin .

OPINION

GARY R. WADE, J., delivered the opinion of the Court, in which CORNELIA A. CLARK, C.J., JANICE M. HOLDER, WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., joined.

In separate trials, the petitioner was convicted of aggravated rape for an incident occurring in March of 1980 and of aggravated rape and robbery by use of a deadly weapon for an incident occurring in May of the same year. In 2007, the petitioner sought to have deoxyribonucleic acid ("DNA...

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