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STATE v. BURNS

979 S.W.2d 276 (1998)

STATE of Tennessee, Appellee, v. Kevin BURNS, Appellant.

Supreme Court of Tennessee, at Jackson.

November 9, 1998.

Attorney(s) appearing for the Case

Glenn I. Wright, Wilson & Wright, Memphis, for Appellant.

John Knox Walkup, Attorney General & Reporter, Michael E. Moore, Solicitor General, Kenneth W. Rucker, Assistant Attorney General, Nashville, At Trial: John W. Pierotti, District Attorney General, Thomas D. Henderson, John Wheeler Campbell, Assistant District Attorney Generals, Memphis, for Appellee.

OPINION

ANDERSON, Chief Justice.

The defendant, Kevin Burns, was convicted of two counts of felony murder and two counts of attempted felony murder. The jury imposed the death penalty for one of the felony murder convictions after finding that evidence of an aggravating factor—that the defendant knowingly created a great risk of death to two or more persons other than the victim murdered—outweighed the evidence of mitigating factors beyond...

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