State v. Harris

While I agree with the majority’s conclusion that the Fifth Amendment to the United States Constitution may not necessarily bar the use of new aggravating circumstances at resentencing, I conclude that Article 1, Section 8 of the Tennessee Constitution and our state’s fundamental fairness jurisprudence demand that, in those instances in which the death penalty has been set aside on appeal, the state may rely upon and prove only those aggravating circumstances which were presented to and found by the jury at the original sentencing.1 Accordingly, I dissent.

I

Relying on Poland v. Arizona, 476…