# State v. Shepherd

> Tennessee Supreme Court · May 30, 1995 · 902 S.W.2d 895

URL: https://www.frixlaw.com/law-library/cases/9760751

## Case

- **Full name:** STATE of Tennessee, Appellee, v. Joseph Arlin SHEPHERD, Appellant
- **Court:** Tennessee Supreme Court
- **Decided:** May 30, 1995
- **Citations:** 902 S.W.2d 895; 1995 Tenn. LEXIS 269
- **Precedential status:** Published
- **Opinion:** Dissent by Birch
- **Judges:** O'Brien, Anderson, Drowota, Reid, Birch, See
- **Cited by:** 70 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9760751

## How later opinions describe it (automated extraction)

- 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 fa…
- 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
- holding that victim impact evidence and prosecutorial argument not precluded by the Tennessee Constitution

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9760751. Public record. Not legal advice.