State of Tennessee v. Steven Rollins - Concurring and Dissenting ( 2006 )

IN THE SUPREME COURT OF TENNESSEE
AT KNOXVILLE
January 4, 2006 Session
STATE OF TENNESSEE v. STEVEN JAMES ROLLINS
Direct Appeal from the Court of Criminal Appeals
Criminal Court for Sullivan County
No. S45,685 R. Jerry Beck, Judge
No. E2003-01811-SC-DDT-DD - Filed March 16, 2006
ADOLPHO A. BIRCH, JR., J., concurring in part and dissenting in part.
I concur in the conclusion of the majority that Rollins’ convictions should be affirmed. As to the
sentence of death, however, I respectfully dissent. I continue to adhere to my view that the
comparative proportionality review protocol currently embraced by the majority is inadequate to
shield defendants from the arbitrary and disproportionate imposition of the death penalty. See State
v. Reid, 164 S.W.3d 286, 323-325 (Tenn. 2005)(Birch, J., concurring and dissenting), and cases cited
therein. Accordingly, I respectfully dissent from that portion of the majority opinion affirming the
imposition of the death penalty in this case.
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ADOLPHO A. BIRCH, JR.