Ernest Benjamin Smith v. W. J. Estelle, Jr., Director, Texas Dept. Of Corrections

U.S. Court of Appeals, Fifth Circuit · Decided 1979-09-13

Cited by 130 later decision(s) in our corpus · see the citation network in Lexace

From the opinion

GOLDBERG, Circuit Judge: Ernest Benjamin Smith, Jr., the appellee in this case, participated in an armed robbery in which a person was killed. He was indicted for capital murder and convicted by a jury in Dallas County, Texas. Texas law provides that when a defendant is convicted of a capital crime, the court must immediately hold a hearing, before the same jury, to decide wheth…

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