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State of Tennessee v. Howard Hawk Willis - Concurring
Citation: Not availableDocket: E2012-01313-SC-DDT-DD
Court: Tennessee Supreme Court; July 6, 2016; Tennessee; State Supreme Court
Original Court Document: View Document
Sharon G. Lee, Chief Justice, concurs with the Court's opinion, except for the analysis regarding the proportionality review in Section II(E)(4). She expresses her disagreement with the 1997 decision in State v. Bland, which limited the proportionality review under Tennessee Code Annotated section 39-13-206(c)(1)(D) to cases where the death penalty was sought. Lee, along with Justice William C. Koch, Jr., dissented in State v. Pruitt, advocating for a broader review that considers all first-degree murder cases imposing life imprisonment or death sentences. In her review of Mr. Willis’s case, she applied this pre-Bland approach, analyzing similar first-degree murder cases, including those where the death penalty was not pursued. Lee concludes that Willis’s background and the nature of his crime align closely with other cases resulting in death sentences. Therefore, she finds that his death sentence is neither excessive nor disproportionate compared to similar cases, in accordance with the statutory requirements.