(DOWNLOAD) "Smith v. Texas" by Supreme Court of the United States " eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Texas
- Author : Supreme Court of the United States
- Release Date : January 15, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Petitioner LaRoyce Lathair Smith was convicted of capital murder and sentenced to death by a jury in Dallas County, Texas. Before the jury reached its sentence, the trial judge issued a supplemental "nullification instruction." Ex parte Smith, 132 S. W. 3d 407, 409 (Tex. Crim. App. 2004). That instruction directed the jury to give effect to mitigation evidence, but allowed the jury to do so only by negating what would otherwise be affirmative responses to two special issues relating to deliberateness and future dangerousness. In Penry v. Johnson, 532 U. S. 782 (2001) (Penry II), we held a similar "nullification instruction" constitutionally inadequate because it did not allow the jury to give " `full consideration and full effect to mitigating circumstances " in choosing the defendants appropriate sentence. Id., at 797 (quoting Johnson v. Texas, 509 U. S. 350, 381 (1993) (OConnor, J., dissenting)). Despite our holding in Penry II, the Texas Court of Criminal Appeals rejected petitioners request for post-conviction relief. The court reasoned that the instruction either was irrelevant because petitioner did not proffer "constitutionally significant" mitigation evidence, or was sufficiently distinguishable from the instruction in Penry II to survive constitutional scrutiny. 132 S. W. 3d, at 413, n. 21. We grant the petition for certiorari and petitioners motion for leave to proceed in forma pauperis, and reverse.
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