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REID EX REL. MARTINIANO v. STATE

Nos. M2009-00128-SC-R11-PD, M2009-00360-SC-R11-PD & M2009-01557-SC-R11-PD.

396 S.W.3d 478 (2013)

Paul Dennis REID, Jr. ex rel. Linda MARTINIANO v. STATE of Tennessee. and Paul Dennis Reid, Jr. v. State of Tennessee.

Supreme Court of Tennessee, at Nashville.

January 24, 2013.

Attorney(s) appearing for the Case

Kelly A. Gleason and Bradley A. MacLean , Office of the Post-Conviction Defender, Nashville, Tennessee, for the appellants, Paul Dennis Reid, Jr. and Linda Martiniano.

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; James E. Gaylord , Assistant Attorney General, for the appellee, State of Tennessee.

Christopher Brett Jaeger , J. Patrick Warfield , and Gregory D. Smith , Nashville, Tennessee, for the Amici Curiae, Jerry P. Black , Terry A. Maroney , Steven J. Mulroy , Christopher Slobogin , Jeffrey Usman , and Penny J. White .

OPINION

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

This appeal raises the question of whether a prisoner facing the death penalty has the mental capacity to abandon the pursuit of post-conviction relief in his three murder cases. After the prisoner decided not to seek a new trial in any of these...

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