Opinion

Smith v. Thompson

  • 584 S.W.2d 253
  • 1979 Tenn. Crim. App. LEXIS 265
Court
Court of Criminal Appeals of Tennessee
Filed
Apr 10, 1979
Status
Published
Author
Brien
On the bench
Brien, Russell, Scott
Cited by
5 cases
Authority
More cited than 20.7%

The opinion

O’BRIEN, Judge,

concurring.

I fully concur with the lead opinion in these cases. I feel it essential to add, finding as we do, “the actions of former Governor Blanton in reducing the sentences in these cases to time served was a valid and binding act,” that neither he nor incoming Governor Alexander could rescind or revoke the commutations and conditional release of these prisoners by utilization of any procedure short of a due process hearing as set out in Morrissey v. Brewer, 408 U.S. 471 , 92 S.Ct. 2593 , 33 L.Ed.2d 484 (1972); Gagnon v. Scarpelli, 411 U.S. 778 , 93 S.Ct. 1756 , 36 L.Ed.2d 656 (1974); and Fleenor v. Hammond, 116 F.2d 982 (C.A.6 1941).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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