Legal Opinion

Cozzolino v. State

Tennessee Supreme Court

Decided June 11, 1979PublishedCited by 105 opinions

1Opinion of the Court

OPINION

COOPER, Justice.

This case is before us pursuant to TCA § 39-2406, which provides for review by this court of all cases in which a death penalty is imposed for first degree murder. We reverse, and remand for a new sentencing proceeding.

The defendant, Ralph Cozzolino, pled guilty to the first degree murder of Clarence Hamler, an officer of the Chattanooga Police Department. A proceeding was then held under the provisions of TCA § 39-2404 to determine the punishment to be imposed. Under this statute, a trial of first degree murder is a bifurcated proceeding, with the jury first…

2Cases cited5 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Lockett v. OhioSupreme Court of the United States · 1978
  3. Miller v. StateTennessee Supreme Court · 1979
  4. State v. AndersonSupreme Court of Iowa · 1968
  5. Hutchinson v. ShaheenAppellate Division of the Supreme Court of the State of New York · 1976

3Cited by105 opinions

  1. Bell v. ConeSupreme Court of the United States · 2002
  2. State v. ReidTennessee Supreme Court · 2002
  3. State v. RamseurSupreme Court of New Jersey · 1987
  4. State v. BigbeeTennessee Supreme Court · 1994
  5. State v. DuncanTennessee Supreme Court · 1985

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