STATE v. PRUITT

No. W2009-01255-SC-DDT-DD

415 S.W.3d 180 (2013)

STATE of Tennessee v. Corinio PRUITT.

Supreme Court of Tennessee, at Jackson.

October 8, 2013.


Attorney(s) appearing for the Case

Harry E. Sayle, III and Tony N. Brayton , Memphis, Tennessee, for the appellant, Corinio Pruitt.

Robert E. Cooper, Jr. , Attorney General and Reporter; William E. Young , Solicitor General; Gordon W. Smith , Associate Solicitor General; James E. Gaylord , Assistant Attorney General; William L. Gibbons , District Attorney General; and Amy P. Weirich , Alanda H. Dwyer , and John W. Campbell , Assistant District Attorneys General, for the appellee, State of Tennessee.

Anne E. Passino and Wade V. Davies , Knoxville, Tennessee; Russell Cass , Daniel Greenfield , and Collin P. Wedel , Los Angeles, California; Eric Grant Osborne , Seema Kakad Jain , and Mary Schmid Mergler , Washington, D.C.; and J. Robin McKinney Jr. , Nashville, Tennessee, for the amicus curiae, Tennessee Association of Criminal Defense Lawyers and The Constitution Project.

Allan F. Ramsaur , Jacqueline Belle Dixon , and Paul C. Ney , Nashville, Tennessee, and David Miller Eldridge , Knoxville, Tennessee, for the amicus curiae, Tennessee Bar Association.

Erica Knievel Songer , Kathryn A. Blair , Khang V. Tran , and Thomas N. Bulleit Jr. , Washington, D.C., and Dwight L. Aarons , Knoxville, Tennessee, for the amicus curiae, Tennessee Death Penalty Assessment Team.

Mark A. Fulks , Johnson City, Tennessee, and J. Wally Kirby , Nashville, Tennessee, for the amicus curiae, Tennessee District Attorneys Conference.

Anthony J. Dick , Washington, D.C.; Brian J. Murray , Chicago, Illinois; and Jeffrey S. Henry , Nashville, Tennessee, for the amicus curiae, Tennessee District Public Defenders Conference.

JANICE M. HOLDER, J., delivered the opinion of the Court, in which GARY R. WADE, C.J., and CORNELIA A. CLARK, J. joined. WILLIAM C. KOCH, JR., and SHARON G. LEE, JJ., filed a concurring & dissenting opinion.


A jury convicted the defendant of first degree felony murder. The jury imposed a sentence of death based on three aggravating circumstances: (1) the defendant had previously been convicted of one or more felonies involving the use of violence; (2) the murder was knowingly committed while the defendant had a substantial role in committing a robbery; and (3) the victim was seventy years of age or older. See Tenn.Code Ann. § 39-13-204(i)(2), (7), (14) (2010). The...

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