# State v. Melson

> Tennessee Supreme Court · August 16, 1982 · 638 S.W.2d 342

URL: https://www.frixlaw.com/law-library/cases/9774055

## Case

- **Full name:** STATE of Tennessee, Plaintiff-Appellee, v. Hugh W. MELSON, Defendant-Appellant
- **Court:** Tennessee Supreme Court
- **Decided:** August 16, 1982
- **Citations:** 638 S.W.2d 342; 1982 Tenn. LEXIS 431
- **Precedential status:** Published
- **Opinion:** Concurring in part by Brock
- **Judges:** Drowota, Harbison, Fones, Cooper, Brock
- **Cited by:** 394 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/9774055

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9774055. Public record. Not legal advice.