Legal Opinion

Ex parte State

Supreme Court of Alabama

Decided May 25, 2007No. 1060427PublishedCited by 33 opinions

1Opinion of the Court

STUART, Justice.

The issue in this ease is whether Jerry Jerome Smith is mentally retarded and thus ineligible for the death penalty. See Atkins v. Virginia, 536 U.S. 304, 122 S.Ct. 2242, 153 L.Ed.2d 335 (2002) (holding unconstitutional the execution of a mentally retarded offender).

On February 24, 1998, Smith was found guilty of capital murder, and on March 19, 1998, he was sentenced to death. On August 31, 2001, after twice remanding the case for the trial court to address errors in its sentencing order, the Court of Criminal Appeals affirmed Smith’s conviction and death sentence. Smith v.…

2Cases cited9 opinions

  1. Atkins v. VirginiaSupreme Court of the United States · 2002
  2. Ford v. WainwrightSupreme Court of the United States · 1986
  3. Ex Parte PerkinsSupreme Court of Alabama · 2002
  4. Morrow v. StateCourt of Criminal Appeals of Alabama · 2004
  5. Ex parte SmithSupreme Court of Alabama · 2003

4 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. JohnsonSupreme Court of Missouri · 2008
  2. Powell v. AllenCourt of Appeals for the Eleventh Circuit · 2010
  3. Holladay v. AllenCourt of Appeals for the Eleventh Circuit · 2009
  4. Thomas v. AllenCourt of Appeals for the Eleventh Circuit · 2010
  5. Joseph Clifton Smith v. Commissioner, Alabama Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2023

28 more not listed; retrieve them via the Exa API.

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