Smith v. Spisak
2010 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Smith v. Spisak, 558 U.S. 139 (2010), was a United States Supreme Court decision on the applicability of the Antiterrorism and Effective Death Penalty Act of 1996. It further examined issues of previous court decisions on jury instructions and the effectiveness of counsel.
Quick Facts Smith v. Spisak, Argued October 13, 2009 Decided January 12, 2010 ...
Smith v. Spisak | |
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Argued October 13, 2009 Decided January 12, 2010 | |
Full case name | Keith Smith, Warden v. Frank G. Spisak, Jr. |
Docket no. | 08-724 |
Citations | 558 U.S. 139 (more) 130 S. Ct. 676; 175 L. Ed. 2d 595 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | Defendant Convicted 1983; Appeal denied (State v. Spisak, 1988); appeal to the Supreme Court of Ohio denied (State v. Spisak, 1995); petition for writ of habeas corpus denied (Spisak v. Coyle, 2003); petition granted, Sixth Circuit (Spisak v. Mitchell); cert. granted and remanded (Hudson v. Spisak, 2007); Petition reinstated, Sixth Circuit |
Holding | |
Jury's consideration of mitigating circumstances may be limited to circumstances the jury found only unanimously. Judgment of the Sixth Court of Appeals vacated | |
Court membership | |
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Case opinions | |
Majority | Breyer, joined by Roberts, Scalia, Kennedy, Thomas, Ginsburg, Alito, Sotomayor; Stevens (Part III) |
Concurrence | Stevens (in part) |
Laws applied | |
Antiterrorism and Effective Death Penalty Act |
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Quick Facts Frank Spisak Jr., Born ...
Frank Spisak Jr. | |
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![]() Spisak, dressed as Adolf Hitler, testifying during his murder trial in 1983 | |
Born | (1951-06-06)June 6, 1951 Cleveland, Ohio, U.S. |
Died | February 17, 2011(2011-02-17) (aged 59) |
Cause of death | Execution by lethal injection |
Criminal status | Executed |
Motive | Neo-Nazism |
Conviction(s) | Aggravated murder (3 counts) Attempted murder Aggravated robbery (2 counts) |
Criminal penalty | Death |
Details | |
Victims | 3 |
Span of crimes | February 1 – August 30, 1982 |
Country | United States |
State(s) | Ohio |
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