Legal Opinion

Reed v. State

Court of Criminal Appeals of Tennessee

Decided January 4, 1979Published

1Opinion

OPINION ON PETITION TO REHEAR

DUNCAN, Judge.

Our opinion in this case was filed on October 26,1978. The State filed a petition to rehear on Monday, November 13, 1978. Under the provisions of T.C.A. § 16-451, the State had 15 days in which to file its petition. That period would ordinarily have expired on Friday, November 10. However, November 10 was a legal holiday, and must be excluded from the time formula set forth in T.C.A. § 1-302. Likewise, because of the provisions of that statute, the succeeding Saturday and Sunday must also be excluded. By following the computation formula set forth in…

2Cases cited7 opinions

  1. Burks v. United StatesSupreme Court of the United States · 1978
  2. Sapir v. United StatesSupreme Court of the United States · 1955
  3. Pearson v. StateTennessee Supreme Court · 1975
  4. William I. Davis v. John E. Bennett, Warden, Iowa State PenitentiaryCourt of Appeals for the Eighth Circuit · 1968
  5. Glasscock v. StateCourt of Criminal Appeals of Tennessee · 1978

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