State v. Butler

OPINION

SUMMERS, Judge.

Nearly twenty years ago, the appellee was convicted of rape and sentenced to life imprisonment. In 1993, he was granted habeas corpus relief in federal court. In 1995, a Tennessee trial court dismissed the appel-lee’s indictment. The state appeals and argues that the trial judge abused her discretion in dismissing the indictment. We find no abuse of discretion and affirm.

FACTS

On July 21, 1993, a District Court granted the appellee habeas corpus relief. The order provided that:

The state shall have 60 days in which to schedule a new trial, failing which, all charges…