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IN THE SUPREME COURT OF TENNESSEE AT JACKSON
February 3, 2005 Session Heard at Nashville STATE OF TENNESSEE v. STEVEN RAY THACKER
Automatic Appeal from the Court of Criminal Appeals Circuit Courts for Dyer and Lake Counties Dyer County No. C00-54; Lake County No. 01-CR-8238 R. Lee Moore, Jr., Judge

No. W2002-01119-SC-DDT-DD - Filed April 27, 2005

ADOLPHO A. BIRCH , JR., J., concurring and dissenting. I concur in the conclusion of the majority that Thacker's conviction should be affirmed. As to the sentence of death, however, I respectfully dissent. I continue to adhere to my view that the comparative proportionality review protocol currently embraced by the majority is inadequate to shield defendants from the arbitrary and disproportionate imposition of the death penalty. See Tenn. Code Ann.

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Tennessee Law