Supreme Court of Alabama

Ex Parte Jerry Jerome Smith (In Re: Jerry Jerome Smith v. State of Alabama).

October 22, 20102010 Ala. LEXIS 210

Summary

The Alabama Supreme Court affirmed the lower court's finding that Smith is not mentally retarded and therefore eligible for the death penalty, but reversed the Court of Criminal Appeals' refusal to grant a new penalty‑phase hearing, holding that the victim's relatives’ comments to the jury venire created inherent prejudice requiring a new hearing.