Dora B. Schriro, Director, Arizona Department of Corrections, Petitioner v. Robert Douglas Smith (546 U.S. 6)
U.S. Supreme Court · decided October 17, 2005 · Supreme Court Database (Spaeth)
- Citation
- 546 U.S. 6 · 126 S. Ct. 7
- Decided
- October 17, 2005
- Term
- October Term 2005
- Vote
- 9–0
- Issue area
- Criminal Procedure
- Disposition
- Vacated and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Per Curiam. In 1982, an Arizona jury convicted respondent Robert Douglas Smith of first-degree murder, kidnaping, and sexual assault. He was sentenced to death. The convictions and sentence were affirmed on direct appeal, and Smith’s state petitions for posteonviction relief proved unsuccessful. Smith then filed a petition for a writ of habeas corpus in the United States District Court for the District of Arizona. In none of these proceedings did Smith argue that he was mentally retarded or that his mental retardation made him ineligible for the death penalty. Smith had, however, presented evidence in mitigation during the sentencing phase of his trial showing that he had low intelligence. The District Court denied Smith’s petition for habeas corpus in 1996. Following several rounds of appeals, remands, and petitions for certiorari to this Court (including one successful petition by the State, see Stewart v. Smith, 536 U. S. 856 (2002) (per curiam)), and after we had issued our decision in Atkins v. Virginia, 536 U. S. 304 (2002), the case returned to the Ninth Circuit. Shortly thereafter, Smith asserted in briefing that he is mentally retarded and cannot, under Atkins, be executed. The Ninth Circuit ordered suspension of all federal habeas proceedings and directed Smith to “institute proceedings in the proper trial court of Arizona to determine whether the state is…
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