Legal Opinion
Smith v. Dixon
Court of Appeals for the Fourth Circuit
Decided January 21, 1994No. Nos. 91-4011, 91-4012PublishedCited by 179 opinions
1Opinion of the Court
OPINION
WILKINS, Circuit Judge:
Kermit Smith, Jr. is a North Carolina prisoner who was sentenced to death following his conviction of the December 3, 1980 first-degree murder, second-degree rape, and common-law robbery of Whelette Collins. The district court granted Smith relief pursuant to 28 U.S.C.A. § 2254 (West 1977), finding that because an instruction given to the jury that sentenced him to death was unconstitutionally vague, Smith was entitled to a new sentencing hearing. Smith v. Dixon, 766 F.Supp. 1370 (E.D.N.C.1991). The State of North Carolina, through the warden of the prison where…
2Cases cited75 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Murray v. CarrierSupreme Court of the United States · 1986
70 more not listed; retrieve them via the Exa API.
3Cited by179 opinions
- Rose v. LeeCourt of Appeals for the Fourth Circuit · 2001
- Robert Glen Coe, Petitioner-Appellee/cross-Appellant v. Ricky Bell, Warden, Respondent-Appellant/cross-AppelleeCourt of Appeals for the Sixth Circuit · 1999
- Lyons v. LeeCourt of Appeals for the Fourth Circuit · 2003
- Willie Ervin Fisher v. R. C. Lee, Warden, Central Prison North Carolina Attorney GeneralCourt of Appeals for the Fourth Circuit · 2000
- Byrd v. WorkmanCourt of Appeals for the Tenth Circuit · 2011
174 more not listed; retrieve them via the Exa API.