State of Tennessee v. John Michael Bane - Concurring/Dissenting

I concur in the majority decision to affirm the conviction in this case. I continue to believe,
however, that the comparative proportionality review protocol embraced by the majority is
inadequate and fails to satisfy this Court’s duty, mandated by statute,1 to ensure that no death
sentence will be upheld unless it is proportionate to sentences imposed upon comparable defendants in similar cases. Because the protocol fails to provide convincing assurance that this defendant’s death sentence is proportionate, I cannot join the majority decision to impose the death penalty in this case.