holding that neither written findings concerning mitigating circumstances, nor an instruction allowing the jury to impose a life sentence based on mercy are constitutionally required
How later courts described this case
- holding that neither written findings concerning mitigating circumstances, nor an instruction allowing the jury to impose a life sentence based on mercy are constitutionally required
- concluding that a commonsense approach showed that the search warrant, which omitted the phrase “boxes and containers,” was meant to authorize the search of the truck’s contents
- observing that “the idea that ‘mercy’ could be extended to a defendant is incorporated in the instructions on mitigating factors; and the admonition against being ruled by passion or prejudice runs throughout”
- during burglary, victim received 15 blows to the head, was raped, strangled, and stabbed
Written by the judges who cited it.
The opinion
BROCK, Justice,
concurring in part and dissenting in part.
For the reasons stated in my dissent in State v. Dicks, Tenn., 615 S.W.2d 126 (1981), I would hold that the death penalty is unconstitutional; but, I concur in all other respects.