Frank Smith v. Richard L. Dugger

RONEY, Chief Judge:

Defendant-Petitioner Frank Smith, sentenced to death in Florida for first-degree murder, appeals a district court order denying him federal habeas corpus relief. Smith raises the following six arguments on appeal:(1) his right to a fair trial was abrogated by the trial court’s refusal to instruct the jury as to his withdrawal defense to murder;(2) his death sentence constitutes cruel and unusual punishment because the state court failed to make a finding on his individual culpability;(3) his pre-trial statements were taken in violation of his Sixth Amendment right to…