APPELLATE COURT OPINIONS

We granted the application of Terry E. Wood, the defendant, for permission to appeal in order to resolve an issue of first impression in Tennessee: whether the return of a sealed presentment 1 engages an accursed person's speedy trial rights under the Sixth Amendment to the United States Constitution and Article 1, § 9 , of the Tennessee Constitution. After a thorough examination of the reocrd and careful consideration of the issue, we conclude, for reasons appearing below, that the reutnr of a presentment, whether sealed or unsealed, whether the accompanying capias is executed or unexecuted, is a formal accusation that engages constitutional speedy trial provisions. Thus, we must apply the criteria of Barkery.Wingo 2 and state b. Bishop 3 to determine whether the thirteen-year delay in this case deprived the appellant of this constitutional speedy trial rights. We find that there was no such deprivation and affirm the judgment of the Court of Criminal Appeals.

This case presents for review the decision of the probate court, affimred by the Court of Appeals, that the personal representative in this case may, in his discretion, distribute certain corporate stock in kind rather than sell the stock and distribute the proceeds. The decision miscontrues applicable law and is reversed.