Heck Van Tran v. State of Tennessee

Case Number
W2000-00739-SC-R11-PD

We granted this appeal to determine whether the trial court and the Court of CriminalAppeals erred by denying the petitioner’s motion to reopen his post-conviction petition. In hismotion, the petitioner asserted that new evidence establishes that he is mentally retarded and,therefore, ineligible for the death penalty under Tenn. Code Ann. § 39-13-203, which prohibits theexecutionof the mentally retarded. The petitioner also argued on appeal that the Eighth Amendmentto the United States Constitution and article I, § 16 of the Tennessee Constitution prohibit the execution of mentally retarded individuals.

Authoring Judge
Justice E. Riley Anderson
Originating Judge
Judge John P. Colton, Jr.
Case Name
Heck Van Tran v. State of Tennessee
Date Filed
Dissent or Concur
This is a dissenting opinion
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