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TERRY v. STATE

46 S.W.3d 147 (2001)

John David TERRY v. STATE of Tennessee.

Supreme Court of Tennessee, at Nashville.

Rehearing Denied May 18, 2001.

Attorney(s) appearing for the Case

Brock Mehler and Michael E. Terry, Nashville, TN, for the appellant, John David Terry.

Michael E. Moore, Solicitor General; Tonya G. Miner, Assistant Attorney General, Nashville, TN, for the appellee, State of Tennessee.

OPINION

BARKER, J., delivered the opinion of the court, in which ANDERSON, C.J., and DROWOTA, and HOLDER, JJ., joined.

The defendant was first convicted of premeditated first degree murder and arson in 1989. The jury found two statutory aggravating circumstances: (1) that the murder was especially heinous, atrocious, or cruel in that it involved torture or depravity of mind; and (2) that the murder was committed while the defendant was engaged in committing...

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