Legal Opinion

Van Tran v. State

Tennessee Supreme Court

Decided December 4, 2001No. W2000-00739-SC-R11-PDPublishedCited by 95 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · AndersonE. Riley Anderson, J.

FRANK F. DROWOTA, III, C.J., and ADOLPHO A. BIRCH, JR., join.

We granted this appeal to determine whether the trial court and the Court of Criminal Appeals erred by denying the petitioner’s motion to reopen his post-conviction petition. In his motion, the petitioner asserted that new evidence establishes that he is mentally retarded and, therefore, ineligible for the death penalty under TenmCdde Ann. § 39-13-203, which prohibits the execution of the mentally retarded. The petitioner also argued on appeal that the Eighth Amendment to the United States Constitution and article I, § 16 of…

3Cases cited32 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Teague v. LaneSupreme Court of the United States · 1989
  3. Lockett v. OhioSupreme Court of the United States · 1978
  4. Solem v. HelmSupreme Court of the United States · 1983
  5. Woodson v. North CarolinaSupreme Court of the United States · 1976

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4Cited by95 opinions

  1. Leonard Edward Smith v. State of TennesseeTennessee Supreme Court · 2011
  2. Howell v. StateTennessee Supreme Court · 2004
  3. Derrick Brandon Bush v. State of TennesseeTennessee Supreme Court · 2014
  4. Abdur'Rahman v. BredesenTennessee Supreme Court · 2005
  5. State v. StrodeTennessee Supreme Court · 2007

90 more not listed; retrieve them via the Exa API.

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