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Van Tran v. State
66 S.W.3D 790, 2001.TN.0002007
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- CHF 1.00
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- CHF 1.00
Beschreibung des Verlags
We granted this appeal to determine whether the trial court and the Court of Criminal Appeals erred by denying the petitioners 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 Tenn. Code 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 the Tennessee Constitution prohibit the execution of mentally retarded individuals.