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KEEN v. STATE

No. W2011-00789-SC-R11-PD

398 S.W.3d 594 (2012)

David KEEN v. STATE of Tennessee.

Supreme Court of Tennessee, at Jackson.

December 20, 2012.

Attorney(s) appearing for the Case

Kelley Henry and Gretchen L. Swift , Office of the Federal Public Defender, Nashville, Tennessee, for the appellant, David Keen.

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; Deshea Dulany Faughn , Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee.

OPINION

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

This appeal involves a prisoner who was sentenced to death in 1991. Nineteen years later, he filed a petition in the Criminal Court for Shelby County seeking to reopen his post-conviction proceeding on the ground that he possessed new scientific evidence of his actual innocence. His evidence consisted of a newly...

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