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Smith V. Texas 125 S. Ct. 400 2004

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Subject
Law
School
Saint Leo University
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Homework
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Running Head: CASE BRIEF 1
Case Brief
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Institution
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CASE BRIEF 2
Case Brief
Type of Action
Smith vs. Texas case portrays criminal action, as the United States Supreme Court
determines whether the accused committed the unlawful act and decides the punishment. In this
case, Smith is convicted of his coworker’s murder using a pistol.
Facts
Before the jury in Smith’s killing trial attained its sentence, the judge provided a
nullification order. In this case, the judge tells the Texas jury to mitigate evidence during filling
the verdict form, consisting of Yes or No questions. The questions could determine whether the
accused person acted deliberately and if he poses a potential danger.
Contentions of the Parties
The Appellant is concerned about the error regarding the evidence. He claims that the
evidence is insufficient to decide the conviction (Goldsmith, 2005). In essence, significant
emphasis is put on the attacker’s misconduct by forcing the prosecutor to cover her face and
refusing her to look at him.
Issue
The primary issue is the inefficiency in finding whether the violation is a harmless error
due to different court decisions. If the Supreme Court reverses and remands Smith’s case to the
Texas Court of Criminal Appeals, there will be challenges in finding whether the jury adequately
considers the mitigating evidence.

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Running Head: CASE BRIEF 1 Case Brief Name Institution Professor Course Date CASE BRIEF 2 Case Brief Type of Action Smith vs. Texas case portrays criminal action, as the United States Supreme Court determines whether the accused committed the unlawful act and decides the punishment. In this case, Smith is convicted of his coworker’s murder using a pistol. Facts Before the jury in Smith’s killing trial attained its sentence, the judge provided a nullification order. In this case, the judge tells the Texas jury to mitigate evidence during filling the verdict form, consisting of Yes or No questions. The questions could determine whether the accused person acted deliberately and if he poses a potential danger. Contentions of the Parties The Appellant is concerned about the error regarding the evidence. He claims that the evidence is insufficient to decide the conviction (Goldsmith, 2005). In essence, significant emphasis is put on the attacker’s misconduct by forcing the prosecutor to cover her face and refusing her to look at him. Issue The primary issue is the inefficiency in finding whether the violation is a harmless error due to different court decisions. If the Suprem ...
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