Certiorari to the Court of Criminal Appeals of Texas

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Smith v. Texas

CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS

I Introduction

LaRoyce Lathair Smith was convicted of capital murder and after some time being in court he was sentenced to death by a jury in Dallas County, Texas (Kennedy). This case deals with whether or not the death penalty should be nullified due to the jury’s improper instruction, how weak the two special issues are in certain cases, and since there was claim against constitutional error, there was no sign that he would cause future deliberate danger towards the public (Breyer). In 1991 the petitioner was convicted for viciously murdering one of his former co-workers at a Taco Bell in Dallas County, Texas. Smith entered the Taco Bell with the intent to rob it without any casualties, but when the two co-workers refused to leave he resorted to violence, murdering one by pistol whipping her and then shooting her in her back and threatening the other before leaving the restaurant with his friends. Since Smith did not meet the requirements for the death penalty the Court granted him certiorari (a writ that says a higher court shall review the decision that the lower court made). In 2008 LaRoyce Smith got his sentence reduced to life imprisonment (Kennedy).

II Conduct an analysis

Later there will be a consideration to see if harmless error review is appropriate or not in a court case with problems such as the Penry v. Lynaugh (Souter). The problem with the case is not as hard as the opinion that the court gave. The error that happened at the petitioner’s trial was about the flaw in the jury’s instructions: The instructions did not give the members of the jury enough time to look over important evidence of the case. This mistake would not have happened ...

... middle of paper ...

...).

(5) Tennard: Tennard v. Dretke – A United States Supreme Court case that asked whether the defendant’s low IQ can be taken into full consideration by the jury during the penalty phase of his trial. Supreme Court said that not considering the low IQ of a defendant breaches the Eighth Amendment right.

VI Bibliography/Resources

http://www.law.cornell.edu/supct/search/display.html?terms=smith%20v%20texas&url=/supct/html/04-5323.ZPC.html

http://www.lectlaw.com/def/i020.htm

http://www.law.cornell.edu/constitution/eighth_amendment

http://www.law.cornell.edu/supct/search/display.html?terms=smith%20v%20texas&url=/supct/html/5-11304.ZO.html

http://www.law.cornell.edu/supct/search/display.html?terms=smith%20v%20texas&url=/supct/html/5-11304.ZD.html

http://www.law.cornell.edu/supct/search/display.html?terms=smith%20v%20texas&url=/supct/html/5-11304.ZC.html

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