Legal Opinion

Hale v. State

Tennessee Supreme Court

Decided April 6, 1977PublishedCited by 8 opinions

1Opinion of the Court

OPINION AND ORDER OF DISMISSAL

2Per curiam

We sustain the motion of the State to dismiss the petition for mootness.

This action, however, is not to be construed as our approval of the procedure followed at the Preliminary Hearing in this case.

Chapter 11, Title 40, Tennessee Code Annotated, has its basic derivation in the Official Code of 1858. Its provisions are clear. The procedure is mandatory. We have held that a preliminary hearing is a critical stage in the prosecution of a criminal action, and have recognized that it is mandated by statute. McKeldin v. State, 516 S.W.2d 82 (Tenn.1974).

We further held…

3Cases cited2 opinions

  1. Coleman v. AlabamaSupreme Court of the United States · 1970
  2. McKeldin v. StateTennessee Supreme Court · 1974

4Cited by8 opinions

  1. State v. WilloughbyTennessee Supreme Court · 1980
  2. State v. JohnsonTennessee Supreme Court · 1978
  3. State v. LaneTennessee Supreme Court · 2008
  4. Waugh v. StateTennessee Supreme Court · 1978
  5. AvalonBay Communities, Inc. v. Sewer CommissionSupreme Court of Connecticut · 2004

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