TBA Law Blog

Posted by: Stacey Shrader Joslin on Nov 17, 2014

The Tennessee Supreme Court today upheld death row inmate Jerry Ray Davidson’s conviction for first-degree murder, but ordered a new sentencing hearing after finding that Davidson's lawyers did not properly represent him during the sentencing phase of the trial. Davidson was convicted of the 1995 murder of Virginia Jackson in Dickson. At the time of his trial, defense attorneys possessed numerous records documenting his troubled background and history of mental illness. During the sentencing hearing, however, they failed to provide the jury with any of this evidence. In ordering a new sentencing hearing, the court ruled that defense attorneys in death penalty cases have a constitutional duty to collect and present to the jury any “mitigation evidence” that could help the jury assess the defendant’s moral culpability. Download the majority opinion and a separate opinion from Justice Gary Wade concurring in part and dissenting in part.