Legal Opinion
Smith by and Through Smith v. Armontrout
District Court, W.D. Missouri
Decided January 31, 1985No. 84-4379-CV-C-5PublishedCited by 8 opinions
1Opinion of the Court
ORDER
SCOTT O. WRIGHT, Chief Judge.
The first execution in the State of Missouri since 1965 is scheduled to occur in approximately sixty hours. In 1981, Gerald Smith was convicted of capital murder for the 1980 bludgeoning of an ex-girlfriend. At trial, Smith admitted the killing but asserted that, by reason of mental disease or defect, he lacked the intent necessary to be convicted of capital murder. The jury rejected Smith’s diminished capacity defense and imposed the death penalty. The conviction and death sentence were upheld on appeal by the Missouri Supreme Court. State v. Smith, 649…
2Cases cited22 opinions
- Rees v. PeytonSupreme Court of the United States · 1966
- Whitlow v. HodgesSupreme Court of the United States · 1976
- Gilmore v. UtahSupreme Court of the United States · 1976
- State v. SmithSupreme Court of Missouri · 1983
- United States v. Ronald Thomas BohleCourt of Appeals for the Seventh Circuit · 1971
17 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith ex rel. Missouri Public Defender Commission v. ArmontroutCourt of Appeals for the Eighth Circuit · 1987
- SMITH BY AND THROUGH SMITH v. ArmontroutDistrict Court, W.D. Missouri · 1986
- Smith v. ArmontroutDistrict Court, W.D. Missouri · 1988
- United States v. Conservation Chemical Co.District Court, W.D. Missouri · 1987
- Smith v. ArmontroutCourt of Appeals for the Second Circuit · 1987
3 more not listed; retrieve them via the Exa API.