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eBook details

• Title: Smith v. Dixon
• Author : United States Court of Appeals for the Fourth Circuit
• Release Date : January 21, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 97 KB

Description

Kermit Smith, Jr. is a North Carolina prisoner who was sentenced to death following his conviction of the December 3, 1980 first-degree murder, second-degree rape, and common-law robbery of Whelette Collins. The district court granted Smith relief pursuant to 28 U.S.C.A. § 2254 (West 1977), finding that because an instruction given to the jury that sentenced him to death was unconstitutionally vague, Smith was entitled to a new sentencing hearing. Smith v. Dixon, 766 F. Supp. 1370 (E.D.N.C. 1991). The State of North Carolina, through the warden of the prison where Smith is incarcerated, appealed this decision. Smith cross appealed, arguing that the district court erred in failing to find that the additional grounds he advanced also provided a basis for relief. A panel of this court affirmed the district court in all respects. Smith v. Dixon, 996 F.2d 667 (4th Cir. 1993). Thereafter, this court granted the States motion for en banc consideration and vacated its prior opinion. We now reverse.

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