Legal Opinion

Ex Parte Smith, 1080973 (Ala. 10-22-2010)

Supreme Court of Alabama

Decided October 22, 2010No. 1080973PublishedCited by 3 opinions

1Opinion of the Court

LYONS, Justice.

Jerry Jerome Smith was convicted in February 1998 of capital murder in the deaths of Willie Flournoy, Theresa Helms, and David Bennett. The murders were made capital because they were committed by one act or pursuant to one scheme or course of conduct. See § 13A-5-40(a)(10), Ala.Code 1975. The jury recommended by a vote of 11-1 that Smith be sentenced to death. The trial court followed the jury’s recommendation and sentenced Smith to death. On appeal, the Court of Criminal Appeals affirmed Smith’s conviction, but remanded the case for the trial court to correct the sentencing…

2Cases cited19 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Atkins v. VirginiaSupreme Court of the United States · 2002
  3. Estelle v. WilliamsSupreme Court of the United States · 1976
  4. Turner v. LouisianaSupreme Court of the United States · 1965
  5. Ex Parte BranchSupreme Court of Alabama · 1987

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3Cited by3 opinions

  1. Reeves v. StateCourt of Criminal Appeals of Alabama · 2016
  2. Smith v. StateCourt of Criminal Appeals of Alabama · 2011
  3. Bush v. Hamm (DEATH PENALTY)District Court, M.D. Alabama · 2020

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