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IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE
AT KNOXVILLE
Assigned on Briefs October 30, 2001

BILLY JOE HENDERSON v. STATE OF TENNESSEE
Direct Appeal from the Criminal Court for Knox County
No. 71679 Mary Beth Leibowitz, Judge

No. E2001-00438-CCA-R3-PC
November 19, 2001

The Appellant, Billy Joe Henderson, appeals the dismissal of his petition for post-conviction relief without the appointment of counsel and an evidentiary hearing.  Henderson is currentl y serving a life sentence in the Tennessee Department of Correction pursuant to his 1998 conviction for first degree murder.  Following a review of the record, we affirm in part and reverse in part the judgment of the post-conviction court dismissing the petition.  Because Henderson in part states a

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Tennessee Law