Legal Opinion

Van Tran v. State

Tennessee Supreme Court

Decided November 23, 1999PublishedCited by 75 opinions

1Opinion of the Court

OPINION

DROWOTA, Justice.

We granted the application for permission to appeal filed on behalf of petitioner Heck Van Tran in order to clarify the procedure by which a prisoner who has been sentenced to death may raise the issue of present mental competency to be executed.1 The petitioner attempted to raise this issue in a petition for relief under the Post-Conviction Procedure Act, Tenn.Code Ann. §§ 40-30-201 to -222 (1997). Both the trial court and the Court of Criminal Appeals held that a proceeding for post-conviction relief is not the appropriate avenue for litigating the issue of…

2Cases cited36 opinions

  1. Ake v. OklahomaSupreme Court of the United States · 1985
  2. Herrera v. CollinsSupreme Court of the United States · 1993
  3. State v. BlandTennessee Supreme Court · 1997
  4. Ford v. WainwrightSupreme Court of the United States · 1986
  5. Archer v. StateTennessee Supreme Court · 1993

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3Cited by75 opinions

  1. State v. SimsTennessee Supreme Court · 2001
  2. State v. StoutTennessee Supreme Court · 2001
  3. State v. NixTennessee Supreme Court · 2001
  4. State of Tennessee v. Richard Odom, a/k/a Otis SmithTennessee Supreme Court · 2004
  5. Thompson v. BellCourt of Appeals for the Sixth Circuit · 2009

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