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(DOWNLOAD) "State Tennessee v. William J. Taylor" by At Nashville Court Of Criminal Appeals Of Tennessee * Book PDF Kindle ePub Free

State Tennessee v. William J. Taylor

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eBook details

  • Title: State Tennessee v. William J. Taylor
  • Author : At Nashville Court Of Criminal Appeals Of Tennessee
  • Release Date : January 15, 1997
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

The appellant, pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, has filed an appeal from his conviction by a jury in the Circuit Court of Rutherford County, TN, on February 2, 1995, for the offense of rape of a child. The appellant, referred to as the defendant, was sentenced to the Department of Correction, in cause No. 29872 for a period of twenty-two (22) years. The defendant discharged his trial counsel and hired substitute counsel for the purpose of a motion for a new trial and an appeal. The defendant, through his newly retained counsel, filed a motion for a new trial on the single ground of ineffective assistance of counsel. The defendant alleges nineteen (19) grounds as to the denial of effective assistance of counsel, pursuant to the 6th Amendment of the United States Constitution and Art. 1, § 9 of the Tennessee Constitution. On May 15, 1995, the trial court conducted an evidentiary hearing to determine the merits of the allegations set forth in the motion for a new trial. On July 21, 1995, the trial court entered an oral order overruling the motion for a new trial. From a careful review of the trial transcript and the evidentiary hearing at the motion for a new trial, the Court finds that the defendant has established, by a preponderance of the evidence, the allegation of the denial of effective assistance of counsel. Therefore, the Court reverses and remands this cause to the Circuit Court for Rutherford County, TN, for a new trial.


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