STATE v. HARRIS


919 S.W.2d 323 (1996)

STATE of Tennessee, Appellant, v. Timothy D. HARRIS and Craig Thompson, Appellees.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied June 10, 1996.


Attorney(s) appearing for the Case

Charles W. Burson, Attorney General & Reporter, Amy L. Tarkington, Christina S. Shevalier, Assistant Attorneys General, Nashville, Glenn I. Wright, Gerald Harris, Paul F. Goodman, Assistant District Attorneys, Memphis, for appellant.

Harry U. Scruggs, Memphis, David C. Stebbins, Columbus, Ohio, for appellee Harris.

John G. Oliva, Nashville, David C. Stebbins, Columbus, Ohio, Carolyn Watkins, Edward G. Thompson, Assistant Public Defenders, Memphis, for appellee Thompson.


OPINION

ANDERSON, Chief Justice.

The single1 issue in this consolidated appeal is purely a question of law and requires a determination of whether a remand for resentencing is appropriate when an appellate court in a capital case concludes the sole aggravating circumstance found by the original sentencing jury is legally invalid and sets aside the sentence of death. Because there is no legal principle which precludes the State...

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