Legal Opinion · Dissent

Smith v. Baldwin

Court of Appeals for the Ninth Circuit

Decided October 23, 2006No. 04-35253Published

1DissentBybee, Circuit Judge

Roger Smith and Jacob Edmonds needed money. Bad. For an Anthrax concert. So they burglarized the Konzelmans’ garage to obtain tools. They then put bandannas on their faces to disguise themselves and made up code names. Smith took a rope into the house. One of them took a three-foot-long crowbar as well and savagely beat the Konzelmans with it, killing Mr. Konzelman and severely injuring Mrs. Konzelman. When Edmonds entered into a plea agreement and agreed to testify against Smith, Smith pled no contest to felony murder. Edmonds now claims that Smith did not kill Mr. Konzelman, and the…

2Cases cited38 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. McCleskey v. ZantSupreme Court of the United States · 1991
  5. Herrera v. CollinsSupreme Court of the United States · 1993

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