Smith v. Singletary

In this capital case, the sentencing court violated Hitchcock v. Dugger, 481 U.S. 393, 107 S.Ct. 1821, 95 L.Ed.2d 347 (1987). This appeal requires us to determine whether this error was harmless under the standard articulated in Brecht v. Abrahamson, — U.S. —, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993). We affirm the district court’s determination that the error was not harmless under the Brecht standard.

FACTS

On December 12, 1978, appellee, Frank Elijah Smith, and two accomplices, Johnny Copeland and Victor Hall, robbed a convenience store in Wakulla County, Florida. They also abducted the store…