IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE FILED
September 21, 1998
STATE OF TENNESSEE, ) FOR PUBLICATION
) Cecil W. Crowson
Appellee, ) FILED: Appellate Court Clerk
)
v. ) HUMPHREYS COUNTY
)
WILLIAM E. HALL and ) HON. ALLEN W. WALLACE, JUDGE
DERRICK D. QUINTERO, )
) NO. 01-S-01-9703-CC-00068
Appellants. )
CONCURRING AND DISSENTING OPINION
I concur in the conclusion reached by the majority in
this case except with respect to the issue of proportionality. On
that issue, the majority holds that the punishment of death is not
disproportionate under the record in this case. I respectfully
dissent, and I do so for the same reasons outlined in State v.
Blanton, __ S.W.2d __ (Tenn. 1998), 1998 W.L. 310485 (Birch, J.,
dissenting).
In Blanton, no direct evidence was adduced that Blanton
shot either victim or stabbed Mrs. Vester. The same analysis
applies here--there is no direct evidence that Hall or Quintero
shot either victim or stabbed Mrs. Vester.1 Thus, considering the
factor of “the defendant[s’] involvement or role in the murder[s],”
the absence of direct evidence that either defendant was the actual
killer compels my conclusion that the punishment of death is, in
this case, disproportionate. See Tison v. Arizona, 481 U.S. 137,
1
The charges against Blanton, Quintero, and Hall all arose
from the same incident.
107 S. Ct. 1676, 95 L. Ed.2d 127 (1987)(discussing how a
defendant’s role in a murder affects the sentencing decision);
State v. Branam, 855 S.W.2d 563, 570-71 (Tenn. 1993). I would,
accordingly, remand the cause for a new sentencing hearing.
___________________________________
ADOLPHO A. BIRCH, JR., Justice
2