Cecil C. Johnson v. State Tennessee Book Reviews

Cecil C. Johnson v. State Tennessee by Supreme Court of Tennessee Book Summary

This post-conviction proceeding is before the Court on joint applications for permission to appeal from the judgment of the
Court of Criminal Appeals. The State takes issue with that court's judgment ruling that the prosecuting attorney's argument
at trial was violative of the Eighth Amendment and whether or not the defendant waived any right to post-conviction relief
on his claim of prosecutorial misconduct. The defendant-petitioner has raised twenty-six (26) issues about equally divided
between the guilt phase at trial and the sentencing proceeding. On 19 January 1981 petitioner was found guilty in a jury trial on three (3) counts of first degree murder; two (2) counts
of assault with intent to commit murder, and one (1) count of armed robbery. He was sentenced to death by the jury on each
of the first degree murder charges and received consecutive life sentences on each of the other charges. On 3 May 1982 this
Court affirmed the convictions and sentences imposed upon the petitioner. 1 A petition to rehear was denied on 21 May 1982.
On 4 October 1982 the United States Supreme Court denied a petition for writ of certiorari. A petition to rehear in that court
was denied on 28 October 1982. This petition for post-conviction relief was filed on 15 March 1983 and denied after an evidentiary
hearing. The petitioner here appealed the trial court judgment to the Court of Criminal Appeals which on 20 January 1988 affirmed,
in part, and reversed in part, the judgment of the trial court dismissing the petition for post-conviction relief. The intermediate
court set aside the death sentences imposed in the trial court and remanded the case for a new sentencing hearing on the first
degree murder sentences.

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