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November 15, 2004

SCOTUS reversal of death sentence

Though it appears that we have at least two more weeks to wait for Booker and Fanfan (details here), the Supreme Court made a little sentencing news today by issuing a per curiam opinion reversing on Penry II grounds a Texas death sentence in Smith v. Texas (available here).  Those of you who know too much about capital litigation likely do not need me to explain what a reversal on Penry II grounds means; anyone needing more explanation can get a brief account of the Smith case here from the SCOTUS Blog and a full account of the decision from this AP report.

November 15, 2004 at 02:12 PM | Permalink


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