(Download) "John Overton v. State Tennessee" by The Texas Court of Criminal Appeals # Book PDF Kindle ePub Free
eBook details
- Title: John Overton v. State Tennessee
- Author : The Texas Court of Criminal Appeals
- Release Date : January 28, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
John Overton appeals from the Court of Criminal Appeals affirmance of the trial courts partial denial of his petition for post-conviction relief. Overton filed this petition, alleging that he had been denied the effective assistance of counsel guaranteed by the Sixth Amendment of the federal constitution, following his conviction on fifteen counts of sex offenses involving minors. This case presents for our review three issues, two of which concern the appropriate statute of limitations for the prosecution of child sexual abuse cases, and one which concerns counsels duty to object to erroneous jury instructions. The first statute of limitations issue is broad and may be stated as follows: whether the amendment extending the statutory period of limitations in child sexual abuse cases - Tenn. Code Ann. § 40-2-101(d), which took effect July 1, 1985 - may be applied to offenses occurring before the effective date of the amendment whose statutory period of limitations had not expired as of that date. The other statute of limitations issue deals with the particular circumstances of this case, specifically Count 9, as discussed below. The jury instructions issue is also narrow, and it specifically concerns count 6, as discussed below.
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