Hunter v. Tennessee, 403 U.S. 711 (1971)

Hunter v. Tennessee

No. 5085

Decided June 28, 1971 *
403 U.S. 711

PETITION FOR WRIT OF CERTIORARI TO THE SUPREME COURT

OF TENNESSEE

Syllabus

Following the decision in Witherspoon v. Illinois, 391 U.S. 510, petitioners sought to supplement their bills of exceptions to raise issues thereunder in their pending appeals from convictions for rape in which they were sentenced to death, but were precluded by time limitations of the Tennessee Code. The State Supreme Court affirmed their convictions and sentences without considering Witherspoon’s possible effect. The time limitation provision was later amended, while petitions for certiorari were pending here, and petitioners should be afforded an opportunity to apply to the State Supreme Court for leave to supplement their bills of exceptions under the new statute.

Certiorari granted; 222 Tenn. 672, 440 S.W.2d 1, vacated and remanded.