STATE v. COLE

No. W2002-01254-SC-DDT-DD.

155 S.W.3d 885 (2005)

STATE of Tennessee v. Detrick COLE.

Supreme Court of Tennessee, at Jackson.

January 20, 2005.


Attorney(s) appearing for the Case

Robert Wilson Jones, District Public Defender; Tony N. Brayton and Garland Erguden, Assistant Public Defenders, for the appellant, Detrick Cole.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Angele M. Gregory, Assistant Attorney General; William L. Gibbons, District Attorney General; Stephen P. Jones and Jennifer Nichols, Assistant District Attorneys General, for the appellee, State of Tennessee.


OPINION

FRANK F. DROWOTA III, C.J., delivered the opinion of the court, in which E. RILEY ANDERSON, JANICE M. HOLDER, and WILLIAM M. BARKER, JJ., joined. ADOLPHO A. BIRCH, JR., filed a separate concurring-dissenting opinion.

The defendant, Detrick Cole, was convicted of first degree premeditated murder. The jury imposed a sentence of death upon finding that the prosecution had proven beyond a reasonable doubt that the defendant had been previously convicted...

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