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NELSON v. STATE

No. W2010-02088-CCA-R3-PC.

RICKY NELSON, v. STATE OF TENNESSEE.

Court of Criminal Appeals of Tennessee, at Jackson.

Filed December 14, 2011.

Attorney(s) appearing for the Case

William D. Massey and Lorna S. McClusky , Memphis, TN, and Craig Cooley, New York, NY, for the appellant, Ricky Nelson.

Robert E. Cooper, Jr. , Attorney General & Reporter; John H. Bledsoe , Senior Counsel; William L. Gibbons , District Attorney General; John Campbell , Assistant District Attorney General, for the appellee, State of Tennessee.

Jeffrey S. Bivins, J., delivered the opinion of the Court, in which Thomas T. Woodall and Alan E. Glenn, JJ., joined.

OPINION

JEFFREY S. BIVINS, JUDGE.

Ricky Nelson ("the Petitioner") filed a motion for post-conviction deoxyribonucleic acid ("DNA") testing pursuant to the Post-Conviction DNA Analysis Act of 2001, requesting DNA analysis of a knife used in the perpetration of a rape. After a non-evidentiary hearing, the post-conviction court denied relief, and the Petitioner has appealed. After reviewing the record, we have determined, in light of the recent decision of...

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