OPINION Jeffrey S. Bivins , J. , delivered the opinion of the Court, in which Sharon G. Lee, C.J., and Cornelia A. Clark and Holly Kirby, JJ., joined. We granted permission to appeal in this case to determine whether a capital defendant, via a petition for writ of error coram nobis, may obtain a hearing to determine whether he is ineligible to be executed because he is intellectually disabled. The Petitioner, Pervis Tyrone Payne, was convicted in 1988 of two first degree murders, and the...
OPINION HOLLY KIRBY , J. , delivered the opinion of the Court, in which SHARON G. LEE, C.J., and CORNELIA A. CLARK and GARY R. WADE, JJ., joined. JEFFREY S. BIVINS, J., filed a separate opinion, concurring in part and dissenting in part. In this appeal, we review a tax variance. The Commissioner of Tennessee's Department of Revenue determined that, if the standard apportionment formula in Tennessee's franchise and excise tax statutes were applied to the appellant taxpayer, a multistate...
OPINION Sharon G. Lee , C.J. , delivered the opinion of the Court, in which Cornelia A. Clark, Jeffrey S. Bivins, and Holly Kirby, JJ., joined. Holly Kirby, J., filed a separate concurring opinion. Gary R. Wade, J., filed a dissenting opinion. The issue in this case is whether a coalition of media groups and a citizens organization, relying on the Tennessee Public Records Act, have the right to inspect a police department's criminal investigative file while the criminal cases arising out...
OPINION Jeffrey S. Bivins , J. , delivered the opinion of the Court, in which Sharon G. Lee, C.J., and Cornelia A. Clark and Holly Kirby, JJ., joined. We granted permission to appeal in this case to determine whether the traffic stop of the Defendant, William Whitlow Davis, Jr., violated the constitutional rights of the Defendant. The arresting officer initiated the stop after observing the Defendant cross the double yellow center lane lines with the two left wheels of the Defendant's car....
OPINION CORNELIA A. CLARK , J. , delivered the opinion of the Court, in which JEFFREY S. BIVINS and HOLLY KIRBY , JJ. , joined. SHARON G. LEE , C.J. , with whom GARY R. WADE , J. , joins, concurring and dissenting. We granted review in this case to decide (1) whether an indigent parent's right to appointed counsel in a parental termination proceeding includes the right to challenge an order terminating parental rights based on ineffective assistance of trial and appellate counsel;...
JUDGMENT This case was heard upon the record on appeal from the Court of Criminal Appeals, application for permission to appeal having heretofore been granted, and briefs and argument of counsel; and upon consideration thereof, this Court adopts a modified unanimity instruction for use in sexual abuse cases when only generic evidence is presented. Although this instruction was not given at the defendant's trial, the error was harmless beyond a reasonable doubt, and the evidence is sufficient...
