Legal Opinion
Kenneth C. Smith v. Jimmy Stegall, Warden
Court of Appeals for the Sixth Circuit
Decided November 18, 2004No. 02-2441PublishedCited by 44 opinions
1Opinion of the Court
GILMAN, Ji, delivered the opinion of the court, in which MATIA, D.J., joined. CLAY, J. (pp. 1001-03), delivered a separate dissenting opinion.
OPINION
GILMAN, Circuit Judge.
Kenneth C. Smith fatally shot Gary De-Lano Brown in June of 1989. After his first-degree murder .conviction was reversed on procedural grounds, Smith elected to plead guilty in a Michigan state court to one count of second-degree murder rather than face a retrial for first-degree murder. The state promised in the plea agreement not to recommend a sentence of life imprisonment.
At sentencing, the prosecution literally complied…
2Cases cited10 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- Santobello v. New YorkSupreme Court of the United States · 1971
- Gregory Lott v. Ralph Coyle, WardenCourt of Appeals for the Sixth Circuit · 2001
- Donald Ray Harpster v. State of OhioCourt of Appeals for the Sixth Circuit · 1997
- Terrance Lesean Hill v. Gerald Hofbauer, WardenCourt of Appeals for the Sixth Circuit · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Wagner v. SmithCourt of Appeals for the Sixth Circuit · 2009
- Hall v. VasbinderCourt of Appeals for the Sixth Circuit · 2009
- Tolliver v. SheetsCourt of Appeals for the Sixth Circuit · 2010
- Akrawi v. BookerCourt of Appeals for the Sixth Circuit · 2009
- Chad Ruimveld v. Thomas Birkett, WardenCourt of Appeals for the Sixth Circuit · 2005
39 more not listed; retrieve them via the Exa API.