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State v. Bondurant3/20/1998
uled all other assignments of error presented by Martin. Martin, 671 S.W.2d at 565. The proof showed that Martin struck the victim with a pistol and then fired a shot into the victim's left ear. The supreme court acknowledged that on the proof presented the sufficiency of the evidence as to premeditation and malice was a close question. The defendant was 33, the victim 45. Both men were black. The only aggravating factor found was factor (2), based upon the defendant having been convicted previously of second-degree murder. Id. at 565.
In State v. Johnson, 698 S.W.2d 631 (Tenn. 1985), the defendant was convicted of murdering the victim by clubbing him with a heavy candleholder. The defendant was 27, the victim 84. Both men were white. "The jury found aggravating circumstances" (2) and (7). Whereas factor (7) was found because the killing was perpetrated during an alleged robbery, factor (2) was based upon a 1975 second-degree murder conviction. Id. at 632.
In State v. Sparks, 727 S.W.2d 480 (Tenn. 1987), the defendant killed the victim, a deliveryman, by shooting him three times. The defendant was 30, the victim 56. Both men were black. The jury found the presence of aggravating factors (2) and (7). The use of factor (2) was based upon previous convictions of "three other felonies which involved the use of threat of violence to the person." Id. at 480.
In State v. Poe, 755 S.W.2d 41 (Tenn. 1988), the defendant participated in the robbery and murder of the victim. The crimes were committed after the defendant and the victim had engaged in a drinking bout. The victim was beaten to death. Both men were 18, white, and enlisted in the Armed Services. Aggravating factors (2), (5), and (7) were found. The mitigating factors listed by the trial court were (1), (7), and (8). Aggravating factor (2) was based upon a prior conviction of assault with a knife.
In State v. Sutton, 761 S.W.2d 763 (Tenn. 1988), the defendant and victim were correctional facility inmates. The victim died after being stabbed 38 times. The defendant was 23, but the age of the victim was not provided. Both men were white. The jury found the presences of aggravating factors (2), (5), and (8). The use of factor (2) was based upon the defendant's prior conviction of first-degree murder.
In State v. Nichols, 877 S.W.2d 722 (Tenn. 1994), the defendant beat his rape victim with a piece of 2"x4" lumber. She died from the wounds. The defendant was male, 24, the victim 22, a female. Both were white. In the face of several listed mitigating factors, both statutory and non-statutory, the jury found the presence of aggravating factors (2) and (7) outweighed the mitigating factors. The supreme court found that factor (7) was misapplied based upon the holding in State v. Middlebrooks, 840 S.W.2d 317 (Tenn. 1992); however, in Nichols the court found the error harmless beyond a reasonable doubt, concluding that "the sentence would have been the same had the jury given no weight to the invalid felony-murder aggravating circumstances." Nichols, 877 S.W.2d at 737-39. The use of factor (2) was predicated upon "five prior convictions for aggravated rape." Id. at 737.
In State v. Brimmer, 876 S.W.2d 75 (Tenn. 1994), the defendant tied the victim to a tree and choked him to death with a wire. The defendant then stole the victim's truck. The defendant was 28, the victim 37. Both men were white. The first-degree murder conviction was based upon premeditation, not felony-murder, and the sole aggravating factor found by the jury was (7), the felony-murder factor.
In State v. Hodges, 944 S.W.2d 346 (Tenn. 1997), cert. denied, --- U.S. ---, 118 S. Ct. 567 (1997), the defendant, a homosexual pr
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