Certiorari to the Court of Criminal Appeals of Texas Essay examples

3019 Words 13 Pages
Smith v. Texas

I Introduction
LaRoyce Lathair Smith was convicted of capital murder and after some time being in court he was sentenced to death by a jury in Dallas County, Texas (Kennedy). This case deals with whether or not the death penalty should be nullified due to the jury’s improper instruction, how weak the two special issues are in certain cases, and since there was claim against constitutional error, there was no sign that he would cause future deliberate danger towards the public (Breyer). In 1991 the petitioner was convicted for viciously murdering one of his former co-workers at a Taco Bell in Dallas County, Texas. Smith entered the Taco Bell with the intent to rob it without any casualties, but when the two co-workers refused to leave he resorted to violence, murdering one by pistol whipping her and then shooting her in her back and threatening the other before leaving the restaurant with his friends. Since Smith did not meet the requirements for the death penalty the Court granted him certiorari (a writ that says a higher court shall review the decision that the lower court made). In 2008 LaRoyce Smith got his sentence reduced to life imprisonment (Kennedy).
II Conduct an analysis
Later there will be a consideration to see if harmless error review is appropriate or not in a court case with problems such as the Penry v. Lynaugh (Souter). The problem with the case is not as hard as the opinion that…