State of Tennessee v. James Henderson Dellinger and Gary Wayne Sutton - Concurring/Dissenting

Case Number
E1997-00196-SC-DDT-DD

I concur with the majority’s opinion affirming the convictions as to both defendants. With regard to the imposition of the death sentences in this case, however, I cannot agree. My concerns, as expressed below, pertain to: (1) the comparative proportionality review protocol imposed by the majority; and (2) the trial court’s refusal, during the sentencing phase, to address a jury question related to the amount of time the defendants would serve under a life sentence.

Authoring Judge
Justice Adolpho A. Birch, Jr.
Originating Judge
Judge D. Kelly Thomas, Jr.
Case Name
State of Tennessee v. James Henderson Dellinger and Gary Wayne Sutton - Concurring/Dissenting
Date Filed
Dissent or Concur
This is a dissenting opinion
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