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Court of Criminal Appeals of Texas


SMITH v. STATE OF TEXAS, 71,496

In appeal after imposition of death penalty, 1) jury could have reasonably concluded that appellant constituted a continuing threat to society, 2) sentencing factor of deliberateness does not constitute a fact finding that must be made by the same jury who determined guilt-innocence, under Apprendi, and 3) thirteen years appellant spent challenging his conviction and sentence was not "cruel and unusual."

Appellate Information

  • Decided 05/08/2002
  • Published 05/08/2002

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  • Court of Criminal Appeals of Texas

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