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STATE v. ODOM

928 S.W.2d 18 (1996)

STATE of Tennessee, Appellee, v. Richard ODOM, a/k/a Otis Smith, Appellant.

Supreme Court of Tennessee, at Jackson.

Rehearing Denied September 9, 1996.

Attorney(s) appearing for the Case

A.C. Wharton, Shelby County Public Defender, W. Mark Ward, Assistant Public Defender, Memphis, Brock Mehler, Capital Case Resource Center, Nashville, for Appellant on appeal.

Edward Thompson, Carolyn Watkins, Assistant Public Defenders, Memphis, for Appellant at trial.

Charles W. Burson, Attorney General and Reporter, Rebecca Gundt, Assistant Attorney General, Michael E. Moore, Solicitor General, Nashville, John W. Pierotti, District Attorney General, Don D. Strother, Phillip Gerald Harris, Assistant District Attorneys General, Memphis, for Appellee.

OPINION

BIRCH, Justice.

In this capital case, the defendant, Richard Odom, was convicted by a Shelby County jury of first-degree murder committed in the perpetration of rape.1 At the sentencing hearing, the jury found three aggravating circumstances beyond a reasonable doubt: (1) the defendant had been previously convicted of one or more violent felonies; (2) the murder was especially heinous, atrocious, or cruel; and...

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