Frazier v. State

OPINION

WALKER, Presiding Judge.

We consider two petitions for postcon-viction relief by Dewey Scott Frazier.

The first attacks his life sentence on the ground that the habitual criminal statute, T.C.A. 40-2801, et seq., constitutes cruel and unusual treatment in violation of the Eighth Amendment to the United States Constitution. He also says the statute violates Article 1, Section 9(3) of the United States Constitution as an ex post facto law. His conviction was affirmed by this court. Frazier v. State, Tenn.Cr.App., 466 S.W.2d 535.

The trial judge granted an evidentiary hearing and Frazier was…