Ernest Benjamin Smith v. W. J. Estelle, Jr., Director, Texas Dept. Of Corrections

GOLDBERG, Circuit Judge:

Ernest Benjamin Smith, Jr., the appellee in this case, participated in an armed robbery in which a person was killed. He was indicted for capital murder and convicted by a jury in Dallas County, Texas. Texas law provides that when a defendant is convicted of a capital crime, the court must immediately hold a hearing, before the same jury, to decide whether the defendant is to be sentenced to life imprisonment or put to death. The jury answers “yes” or “no” to each of three questions; if it answers all the questions in the affirmative, the judge must impose a death…