Smith v. Thompson

OPINION

WILLIAM S. RUSSELL, Presiding Judge.

These three consolidated cases each present the question of the legal effect of sentence commutations signed by then Governor Ray Blanton two days before he left office. Each of the convicts involved in these three cases sought release from the penitentiary by prosecuting petitions for the writ of habeas corpus. After full hearings, McKenna and Harris were granted the writ and Smith was denied it.

The position of the State is that former Governor Blanton had the power and authority to issue the commutations, but that they were never delivered prior to…