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STATE v. MILLER

674 S.W.2d 279 (1984)

STATE of Tennessee, Plaintiff-Appellee, v. David Earl MILLER, Defendant-Appellant.

Supreme Court of Tennessee, at Knoxville.

Rehearing Denied June 25, 1984.

Attorney(s) appearing for the Case

Andru Volinsky, Public Defender, Manchester, N.H., Mark Evan Olive, U.N.C. School of Law, Chapel Hill, N.C., for defendant-appellant.

William M. Leech, Jr., Atty. Gen., Wayne E. Uhl, Asst. Atty. Gen., Nashville, for plaintiff-appellee.

OPINION

HARBISON, Justice.

This is a direct appeal from a conviction of murder in the first degree and sentence of death, based upon the aggravating circumstances that the murder was especially heinous, atrocious, or cruel in that it involved torture or depravity of mind.

I

The victim, Lee Standifer, had diffused brain damage when born and was mildly retarded. She was twenty-three years old when she was murdered. She had been employed for...

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