finding the (i)(2), (i)(5), and (i)(7) aggravating circumstances in the rape and murder of sixteen-year-old victim, and imposing death despite fact that defendant came from impoverished family, was emotionally scarred as child, and was previously admitted to a mental health facility
How later courts described this case
- finding the (i)(2), (i)(5), and (i)(7) aggravating circumstances in the rape and murder of sixteen-year-old victim, and imposing death despite fact that defendant came from impoverished family, was emotionally scarred as child, and was previously admitted to a mental health facility
- imposing death penalty based upon (i)(2), (i)(5), and (i)(7) possible suffocation after being buried alive where sixteen-year old victim was raped and asphyxiated to her death; defendant possessed low IQ (88), impoverished family, emotionally scarred as child, prior admission to mental health facility, treated for depression and anxiety
- holding that victim impact evidence and prosecutorial argument are not precluded by the Tennessee Constitution
- holding that victim impact evidence and prosecutorial argument is not precluded by the Tennessee Constitution
Written by the judges who cited it.
The opinion
BIRCH, Justice,
dissenting.
I write separately to join the dissent insofar as it condemns the method by which the venire was assembled. Such a practice as was employed here invites abuse through the subjective and often obscure criteria upon which such a method may depend. I would reverse the judgment and grant a new trial on this issue alone.