IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
FOR PUBLICATION
Filed: September 8, 1998
STATE OF TENNESSEE, )
)
APPELLEE, ) CHEATHAM CIRCUIT
)
v. ) Hon. Allen W. Wallace, Judge
)
JAMES BLANTON, ) No. 01S01-9605-CC-00093
)
APPELLANT. )
FILED
ORDER DENYING PETITION FOR REHEARING
September 8, 1998
Cecil W. Crowson
Appellate Court Clerk
Appellant James Blanton has filed a petition to rehear in this cause
pursuant to Tenn. R. App. R. 39 contending that our opinion is in conflict with
established federal and state constitutional law.
We have considered the arguments raised in the petition, and a majority
of the Court has found them to be without merit. It is, therefore, ORDERED that
the petition for rehearing be and the same is hereby denied.
Justices Birch and Reid adhere to the positions stated in their original
opinions filed in this cause.
It is further ORDERED that the date of execution, which is presently
October 15, 1998, is hereby stayed and reset for December 7, 1998. Immediate
notification shall be made by the clerk of the contents of this Order to the
Warden of the Riverbend Maximum Security Institution, 7475 Cockrill Bend
Industrial Road, Nashville, TN 37243-0471.
FOR THE COURT:
Janice M. Holder
Justice
Concurring in the denial of the petition to rehear:
Anderson, C.J.
Drowota and Birch, J.J.
Dissenting from the denial of the petition to rehear:
Reid, Sp.J.
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