State of Tennessee v. Leonard J. Young - Concurring and Dissenting ( 2006 )

IN THE SUPREME COURT OF TENNESSEE
AT JACKSON
April 5, 2006 Session
STATE OF TENNESSEE v. LEONARD J. YOUNG
Automatic Appeal from the Court of Criminal Appeals
Criminal Court for Shelby County
Nos. 00-04017, 00-04018, 00-04019
Joseph B. Dailey, Presiding Judge; Jon Kerry Blackwood, Special Judge
No. W2002-03012-SC-DDT-DD - Filed on June 30, 2006
ADOLPHO A. BIRCH, JR., J., concurring in part and dissenting in part.
I concur in the conclusion of the majority that Young's 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.
_______________________________
ADOLPHO A. BIRCH, JR.