State v. West

OPINION

in which ANDERSON, C.J., and DROWOTA, HOLDER, and BARKER, JJ., joined.

We accepted review in this case to resolve the apparent conflict between Rule 52(b) of the Tennessee Rules of Criminal Procedure and Tenn.Code Ann. § 40-30-111 (1990) (repealed 1995), which limits the scope of review in post-conviction proceedings. In order to resolve this issue, we will also address whether the plain error rule should apply to claims deemed “previously determined” or “waived” under TenmCode Ann. § 40-30-112 (1990) (repealed 1995). We find that the appellant’s (Stephen Michael West) current claim,…