David Wayne Smart v. State of Tennessee

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs August 19, 2009 DAVID WAYNE SMART v. STATE OF TENNESSEE Appeal from the Criminal Court for Davidson County No. 2001-A-162 J. Randall Wyatt, Jr., Judge No. M2009-00651-CCA-R3-HC - Filed September 23, 2009 The Petitioner, David Wayne Smart, appeals the summary dismissal of his petition for habeas corpus relief. The petition alleged that the trial court unconstitutionally merged the provision requiring a minimum life sentence for first degree murder and the provision prohibiting instructions on possible penalties to…