IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
DANIEL BENSON TAYLOR,
AT NASHVILLE
)
FILED
) C.C.A. NO. 01C01-9904-CC-00132
October 28, 1999
Appellant, )
) HICKMAN COUNTY
Cecil Crowson, Jr.
VS. )
Appellate Court Clerk
)
STATE OF TENNESSEE, )
)
Appellee. )
ORDER
This matter is before the Court upon the petitioner’s “Motion for an
Opportunity to be Heard.” Originally, this Court granted the state’s motion to affirm the
judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals. The
petitioner then filed a petition to rehear which was also denied. Finally, the petitioner filed
the motion now before the Court.
Having again reviewed the pleadings, the record on appeal, and the motion
now before the Court, we find that the motion is well taken. From further review, it appears
that the matter should not have been affirmed prior to having the case fully briefed and
assigned to a panel. Moreover, the Court finds that counsel should be appointed to
represent the petitioner in this matter.
IT IS, THEREFORE, ORDERED that this Court’s order, dated August 27,
1999, affirming the judgment pursuant to Rule 20 is hereby vacated. IT IS FURTHER
ORDERED that John E. Herbison of the Davidson County Bar is appointed to represent
the petitioner in the above-styled appeal. New counsel shall have 30 days from the date
of this order in which to file an amended brief on behalf of the petitioner.
______________________________
JERRY L. SMITH, JUDGE
CONCUR:
______________________________
JOHN H. PEAY, JUDGE
______________________________
DAVID H. WELLES, JUDGE