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Smith Vs. Spisak

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  • US Supreme Court
  • Jun 06, 1988

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71 entries 6 linked 65 unlinked
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  1. Carey Vs. Musladin US Supreme Court · Dec 11, 2006
  2. Schriro Vs. Landrigan US Supreme Court · May 14, 2007
  3. Mills Vs. Maryland US Supreme Court · Jun 06, 1988
  4. Gregg Vs. Georgia US Supreme Court · Jul 02, 1976
  5. Weeks Vs. Angelone US Supreme Court · Dec 06, 1999
  6. Brecht Vs. Abrahamson US Supreme Court · Apr 21, 1993
  7. Syllabus October Term, 2009 Smith V. Spisak
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  8. to consider in mitigation only those factors that it unanimously found to be mitigating, see Mills v. Maryland
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  9. s inadequate closing argument deprived him of effective assistance of counsel, see Strickland v. Washington
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  10. joined as to Part III. Stevens, J., filed an opinion concurring in part and concurring in the judgment. Smith v. Spisak
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  11. Opinion of the Court Smith V. Spisak
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  12. Supreme Court of the United States No. 08-724 Keith Smith, Warden, Petitioner V. Frank
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  13. consider in mitigation only those factors that the jury unanimously found to be mitigating. See Mills v. Maryland
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  14. s inadequate closing argument at the penalty phase of the proceeding. See Strickland v. Washington
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  15. s claims, both on direct appeal and on collateral review. State v. Spisak
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  16. State v. Spisak
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  17. violated the U. S. Constitution for the two reasons we consider here. The District Court denied his petition. Spisak v. Coyle
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  18. s two claims, namely, his mitigation instruction claim and his ineffective-assistance-of-counsel claim. Spisak v. Mitchell
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  19. judgment. Hudson v. Spisak
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  20. U. S. 465 (2007). On remand, the Sixth Circuit reinstated its earlier opinion. Spisak v. Hudson
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  21. s holding in Mills v. Maryland
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  22. s opinion, we shall assume the same. Compare Williams v. Taylor
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  23. see State v. Spisak
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  24. U. S., at 374 (quoting Eddings v. Oklahoma
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  25. U. S. 104 , 110 (1982), in turn quoting Lockett v. Ohio
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  26. quoting Skipper v. South
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  27. see also McKoy v. North
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  28. F. 3d, at 709 (citing Maples v. Coyle
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  29. for this reason. Mills says nothing about the matter. Neither the parties nor the courts below referred to Beck v. Alabama
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  30. U. S. 625 (1980), or identified any other precedent from this Court setting forth this rule. Cf. Jones v. United
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  31. Spisak v. Coyle
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  32. counsel was not ineffective, or (2) that a better argument would not have made a difference, or (3) both. See State v. Spisak
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  33. s. See, e.g., Hennon v. Cooper
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  34. see also Weeks v. Angelone
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  35. Chadwick v. Janecka
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  36. reasons, the judgment of the Court of Appeals for the Sixth Circuit is reversed. It is so ordered. Smith v. Spisak
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  37. Opinion of Stevens, J. Smith V. Spisak
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  38. before it could give effect to a lesser penalty. Following its prior decision in Davis v. Mitchell
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  39. jury instructions, Spisak v. Mitchell
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  40. F. 3d, at 689. The source of this constitutional infirmity, the court decided, was our decision in Mills v. Maryland
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  41. does not clearly establish that the instructions at issue were unconstitutional. But, in my view, our decision in Beck v. Alabama
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  42. and error into the deliberative process that the Constitution could not abide in the capital context. See Spaziano v. Florida
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  43. executed so poorly as to render even the most reasonable of trial tactics constitutionally deficient under Strickland v. Washington
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  44. error was also harmless because it did not have a substantial and injurious effect on this record, Brecht v. Abrahamson
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  45. State v. Brooks
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  46. One juror had the power to prevent a death penalty recommendation before Brooks . See State v. Springer
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  47. Penalty Act of 1996 purposes, see ante , at 3. Regardless, in accordance with the view I expressed in Williams v. Taylor
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  48. s case for aggravating circumstances. See State v. Wogenstahl
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  49. see also State v. Johnson
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  50. Strickland v. Washington
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