Gaile K. Owens and Pervis T. Payne Book Reviews

Gaile K. Owens and Pervis T. Payne by at Jackson Supreme Court of Tennessee Book Summary

ANDERSON, C.J. We granted this consolidated appeal in order to determine whether the rules, statutes, or constitution of this state, authorize a trial court in a post-conviction capital case to provide expert services if necessary to ensure the constitutional rights of an indigent petitioner. We have determined that this issue is best resolved by an interpretation of the applicable statutes and specifically whether Tenn. Code Ann. § 40-14-207(b) (1990 & 1995 Supp.), (which authorizes expert services if necessary for the protection of the constitutional rights of an indigent defendant), applies to post-conviction capital cases, and whether and under what circumstances an indigent petitioner in a capital post-conviction case is entitled to an ex parte hearing to determine the necessity of such services. We conclude that the statute applies in post-conviction capital cases, and that when certain procedural criteria are satisfied, an indigent petitioner in a post-conviction capital case is entitled to an ex parte hearing on a motion for expert or investigative services. Accordingly, we reverse, in part, the Court of Criminal Appeals' judgment and remand to the respective trial courts for further proceedings consistent with this opinion.

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