Legal Opinion
Ex Parte Smith
Court of Criminal Appeals of Texas
Decided March 1, 2006No. AP-74,228PublishedCited by 39 opinions
1Opinion of the Court 1
OPINION
2Opinion of the Court · CochranCochran, J.
in which KELLER, P.J., and PRICE, WOMACK, and JOHNSON, JJ., joined.
This death-penalty habeas corpus case is on remand from the United States Su*457preme Court.1 Our original opinion held that the Penry2 jury nullification instruction given in applicant’s case was not constitutional error because: (1) applicant’s mitigation evidence was not “constitutionally relevant”; (2) his evidence was encompassed by the two statutory special issues, thus no special instruction was necessary; and (3) if a special instruction was necessary, the nullification instruction sufficed.3 The Supreme Court…
3Cases cited37 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Almanza v. StateCourt of Criminal Appeals of Texas · 1985
- Lockett v. OhioSupreme Court of the United States · 1978
- Eddings v. OklahomaSupreme Court of the United States · 1982
32 more not listed; retrieve them via the Exa API.
4Cited by39 opinions
- Olivas v. StateCourt of Criminal Appeals of Texas · 2006
- Smith v. TexasSupreme Court of the United States · 2007
- Nelson v. QuartermanCourt of Appeals for the Fifth Circuit · 2006
- Ex Parte SmithCourt of Criminal Appeals of Texas · 2010
- Gonzales v. State, Texas Court of Appeals, 10th District (Waco)2006
34 more not listed; retrieve them via the Exa API.