Legal Opinion

Smith v. Zant

Supreme Court of Georgia

Decided March 1, 1983No. 39172PublishedCited by 30 opinions

1Opinion of the Court

Hill, Chief Justice.

John Eldon Smith appeals from the dismissal of his successive state habeas petition in which he alleged three constitutional issues. He contends he is entitled to a hearing on the merits of these issues under OCGA § 9-14-51 (Code Ann. § 50-127), and that the habeas court erred in holding that he had waived his right to raise them and in dismissing his petition.

John Eldon Smith, also known as Anthony Isalldo Machetti, was convicted of the shotgun slayings of his wife’s former husband and second wife, and was sentenced to death. His conviction was affirmed in Smith v. State,…

2Cases cited15 opinions

  1. Gregg v. GeorgiaSupreme Court of the United States · 1976
  2. Giglio v. United StatesSupreme Court of the United States · 1972
  3. Napue v. IllinoisSupreme Court of the United States · 1959
  4. Taylor v. LouisianaSupreme Court of the United States · 1975
  5. Price v. JohnstonSupreme Court of the United States · 1948

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3Cited by30 opinions

  1. Fleming v. ZantSupreme Court of Georgia · 1989
  2. Turpin v. ToddSupreme Court of Georgia · 1997
  3. James Lee Spencer v. Ralph Kemp, Warden, Georgia Diagnostic & Classification Center, RespondentCourt of Appeals for the Eleventh Circuit · 1986
  4. John Eldon Smith v. Ralph M. Kemp, Superintendent, Georgia Diagnostic & Classification CenterCourt of Appeals for the Eleventh Circuit · 1983
  5. Presnell v. KempCourt of Appeals for the Eleventh Circuit · 1988

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

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