# Smith v. Thompson

> Court of Criminal Appeals of Tennessee · April 10, 1979 · 584 S.W.2d 253

URL: https://www.frixlaw.com/law-library/cases/5051282

## Case

- **Full name:** Fred SMITH v. Vinson THOMPSON, Warden, Appellee Vinson THOMPSON, Warden, and Tennessee Department of Correction v. Joseph W. McKENNA, Appellee Vinson THOMPSON, Warden, Jim Dickman, Warden, and Lamar Alexander, Governor v. Roland HARRIS, Jr.
- **Court:** Court of Criminal Appeals of Tennessee
- **Decided:** April 10, 1979
- **Citations:** 584 S.W.2d 253; 1979 Tenn. Crim. App. LEXIS 265
- **Precedential status:** Published
- **Opinion:** Concurrence by Brien
- **Judges:** Brien, Russell, Scott
- **Cited by:** 5 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5051282

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5051282. Public record. Not legal advice.