2004 Term Per Curiam Opinions of The Supreme Court of The United States - Smith V. Texas

Decided November 15, 2004

Texas Court of Criminal Appeals reversed and remanded

The state court upheld a death sentence over the defendant's argument that the jury instructions prevented the full consideration of his mitigation evidence. The court found the instructions, which permitted the jury to consider mitigation only if it nullified two questions regarding the defendant's deliberateness in the crime, to be either irrelevant, because the defendant's mitigation evidence was constitutionally insufficient, or sufficiently distinguishable from instructions the Court had previously found unconstitutional. The Supreme Court reversed, ruling that the defendant had presented evidence relevant to mitigation, which the state court found insufficient by applying an incorrect and unduly strict test. The Court also ruled that the nullification instructions were constitutionally inadequate.

Justice Scalia, joined by Justice Thomas, dissented, stating without elaboration that he would have affirmed.