Public-domain · open source
OpenJurist

114 S.W.3d 895

State v. Carter

Tennessee Supreme Court

Decided September 18, 2003

Tennessee Supreme Court · decided 2003-09-18

Cited by 24 later decisions — most recently November 2017

2 federal appellate · 19 state decisions

Applies TN 39 § 39-13-206

Relies on State v. Godsey · State v. Chalmers

Good law ✅— No negative treatment on recordhow we know

Decided 2003-09-18

View the full empirical analysis of this case →

ADOLPHO A. BIRCH, JR., J„

¶1dissenting.

¶2I continue to adhere to the views expressed in a long line of dissents beginning with State v. Chalmers, 28 S.W.3d 913, *911923-25 (Tenn.2000) (Birch, Jr., J., concurring and dissenting), and elaborated upon in State v. Godsey, 60 S.W.3d 759, 793-800 (Tenn.2001) (Birch, Jr., J., concurring and dissenting), expressing my view that the comparative proportionality review protocol currently embraced by the majority is inadequate to insulate defendants from the arbitrary and disproportionate imposition of the death penalty. See Tenn. Code Ann. § 39-13-206(0) (1997). Accordingly, I cannot, for the reasons stated in my previous dissents, concur in the imposition of the death penalty in this case.

/114/sw3d/895 · .json · Public domain