Tennessee Supreme Court September 28, 2004, W2001-01299-SC-R11-DD (State v. Robinson)

ADOLPHO A. BIRCH, JR., J.,

concurring and dissenting.

I concur in the conclusion of the majority that Robinson’s convictions should be affirmed. As to the sentence of death, however, I continue to adhere to my views, previously expressed in a long line of dissents, that the comparative proportionality review protocol currently embraced by the majority is inadequate to shield defendants from the