holding such an instruction to be proper
How later courts described this case
- holding such an instruction to be proper
- considering suppression issue after defendant pled guilty to first degree felony murder
- though error under Middlebrooks was found, it was not necessary to conduct a harmless error analysis because remand for resentenc-ing was required on other grounds
- prosecutor’s quote from Bible and interjection of religious law was trivial, at most, in relationship to remainder of argument and did not effect verdict
Written by the judges who cited it.
The opinion
OPINION ON PETITION TO REHEAR
PER CURIAM.
On May 23, 1994, this Court affirmed petitioner’s conviction for first-degree murder and remanded the cause for resentencing.
Subsequently, the petitioner filed a timely petition pursuant to Rule 39, Tenn.R.App.P. for a rehearing.
We grant the petition to rehear and remand the cause to the trial court for the conduct of a sentencing hearing consonant with our holding in State v. Richard Odom, 928 S.W.2d 18 (Tenn.1996).