Christa Gail Pike v. State of Tennessee

Summary

The Supreme Court of Tennessee held that post-conviction review of a death sentence is not mandatory and may be waived by a competent death-sentenced inmate. The court further held that an inmate may revoke an initial waiver within thirty days after the trial court's order dismissing the post-conviction petition. Because Christa Gail Pike moved to revoke her waiver on the twenty-ninth day, the court reversed and remanded for reinstatement of her petition and an evidentiary hearing.

Holdings

1. Post-conviction review is not constitutionally or statutorily mandatory in Tennessee and may be waived by a competent death-sentenced inmate.
2. A death-sentenced inmate whose initial request to waive post-conviction review has been granted must be allowed one thirty-day period from the trial court's order dismissing the petition to revoke the waiver and reinstate the petition, provided the inmate has not previously waived or attempted to waive post-conviction review.

Questions Presented

1. Whether post-conviction review of a death sentence must be mandatory despite a competent death-sentenced inmate's desire to waive it.
2. Whether, and under what circumstances, a competent death-sentenced inmate may revoke an initial waiver of post-conviction review.

Disposition

reversed_and_remanded