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State v. Smith

Supreme Court of Missouri, En Banc
Jul 9, 1990
790 S.W.2d 241 (Mo. 1990)

Opinion

No. 70946.

June 19, 1990. Rehearing Denied July 9, 1990.

On remand from the Supreme Court of the United States.

Craig Johnston, Asst. Public Defender, Columbia, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.


In this case we affirmed judgment of conviction and sentence of death. State v. Smith, 781 S.W.2d 761 (Mo.banc 1989). The Supreme Court of the United States, ___ U.S. ___, 110 S.Ct. 1944, 109 L.Ed.2d 306 (1990), granted certiorari, vacated the judgment, and remanded for consideration in the light of McKoy v. North Carolina, 494 U.S. ___, 110 S.Ct. 1227, 108 L.Ed.2d 369 (1990) and Boyde v. California, 494 U.S. ___, 110 S.Ct. 1190, 108 L.Ed.2d 316 (1990).

After further briefing and argument, we affirm the judgment of conviction and the sentence of death in accordance with our prior opinion and our opinion in State v. Petary, 790 S.W.2d 243 (Mo. banc 1990) (No. 71189) decided today.

BLACKMAR, C.J., ROBERTSON, RENDLEN, HIGGINS, COVINGTON, HOLSTEIN, JJ., and GRIMM, Special Judge, concur.

BILLINGS, J., not sitting.


Summaries of

State v. Smith

Supreme Court of Missouri, En Banc
Jul 9, 1990
790 S.W.2d 241 (Mo. 1990)
Case details for

State v. Smith

Case Details

Full title:STATE OF MISSOURI, RESPONDENT, v. SAMUEL D. SMITH, APPELLANT

Court:Supreme Court of Missouri, En Banc

Date published: Jul 9, 1990

Citations

790 S.W.2d 241 (Mo. 1990)

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