Opinion

State v. Carter

  • 114 S.W.3d 895
  • 2003 Tenn. LEXIS 843
  • 2003 WL 22146113
Court
Tennessee Supreme Court
Filed
Sep 18, 2003
Status
Published
Author
Birch
On the bench
Justice Janice M. Holder
Cited by
86 cases
Authority
More cited than 4.6%

providing that under this statute, “any evidence relevant to the circumstances of the murder, the aggravating circumstances relied upon by the State, or the mitigating circumstances is admissible if such evidence has probative value in the determination of punishment”

How later courts described this case

  • providing that under this statute, “any evidence relevant to the circumstances of the murder, the aggravating circumstances relied upon by the State, or the mitigating circumstances is admissible if such evidence has probative value in the determination of punishment”
  • noting that, under the statute, “any evidence relevant to the circumstances of the murder, the aggravating circumstances relied upon by the State, or the mitigating circumstances is admissible if such evidence has probative value in the determination of punishment”
  • finding mental torture applicable when the defendants broke into the victim’s home at gunpoint, forced the victim in a closet before raping the victim’s wife and ransacking their home, and then murdered the victim and his wife
  • reaffirming Dellinger and rejecting the claim that Ring requires aggravating circumstances be included in the indictment

Written by the judges who cited it.

The opinion

ADOLPHO A. BIRCH, JR., J„

dissenting.

I continue to adhere to the views expressed in a long line of dissents beginning with State v. Chalmers, 28 S.W.3d 913, *911 923-25 (Tenn.2000) (Birch, Jr., J., concurring and dissenting), and elaborated upon in State v. Godsey, 60 S.W.3d 759, 793-800 (Tenn.2001) (Birch, Jr., J., concurring and dissenting), expressing my view that the comparative proportionality review protocol currently embraced by the majority is inadequate to insulate defendants from the arbitrary and disproportionate imposition of the death penalty. See Tenn. Code Ann. § 39-13-206 (0) (1997). Accordingly, I cannot, for the reasons stated in my previous dissents, concur in the imposition of the death penalty in this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.