Brad Hunter Smith v. State of Arkansas

Summary

The court held that Smith's counsel was ineffective for abandoning the objection to using the death of Allbright's unborn child as an aggravating circumstance because the statutory definition of "person" applicable to homicide offenses did not extend to capital-murder sentencing. Because the jury considered that improper aggravator and the record did not reveal how it weighed the aggravating factors, the court found a reasonable probability of a different sentencing result and remanded for resentencing, while affirming the denial of relief on the remaining claims. The court also upheld rejection of Smith's second amended petition because it was filed without the required leave of court.