Smith v. Spisak | |
---|---|
Argued October 13, 2009 Decided January 12, 2010 | |
Full case name | Keith Smith, Warden v. Frank G. Spisak, Jr. |
Docket no. | 08-724 |
Citations | 558 U.S. 139 ( more ) 130 S. Ct. 676; 175 L. Ed. 2d 595 |
Argument | Oral argument |
Opinion announcement | Opinion announcement |
Case history | |
Prior | Defendant Convicted 1983; Appeal denied (State v. Spisak, 1988); appeal to the Supreme Court of Ohio denied (State v. Spisak, 1995); petition for writ of habeas corpus denied (Spisak v. Coyle, 2003); petition granted, Sixth Circuit (Spisak v. Mitchell); cert. granted and remanded (Hudson v. Spisak, 2007); Petition reinstated, Sixth Circuit |
Holding | |
Jury's consideration of mitigating circumstances may be limited to circumstances the jury found only unanimously. Judgment of the Sixth Court of Appeals vacated | |
Court membership | |
| |
Case opinions | |
Majority | Breyer, joined by Roberts, Scalia, Kennedy, Thomas, Ginsburg, Alito, Sotomayor; Stevens (Part III) |
Concurrence | Stevens (in part) |
Laws applied | |
Antiterrorism and Effective Death Penalty Act |
Frank Spisak Jr. | |
---|---|
Born | Cleveland, Ohio, U.S. | June 6, 1951
Died | February 17, 2011 59) | (aged
Cause of death | Execution by lethal injection |
Criminal status | Executed |
Motive | Neo-Nazism |
Conviction(s) | Aggravated murder (3 counts) Attempted murder Aggravated robbery (2 counts) |
Criminal penalty | Death |
Details | |
Victims | 3 |
Span of crimes | February 1 –August 30, 1982 |
Country | United States |
State(s) | Ohio |
Smith v. Spisak, 558 U.S. 139 (2010), was a United States Supreme Court decision on the applicability of the Antiterrorism and Effective Death Penalty Act of 1996. It further examined issues of previous court decisions on jury instructions and the effectiveness of counsel.
Frank Spisak Jr. (June 6, 1951 – February 17, 2011) was an American serial killer who was convicted of three murders and one attempted murder at Cleveland State University. In February 1982, Spisak embarked on a racist, anti-Semitic shooting spree, calling it his first "seek and destroy mission" in which he was attempting to "clean up the city". On February 1, 1982, Spisak shot Reverend Horace Rickerson, a 57-year-old black man, seven times. On June 4, he shot John Hardaway, another black man, seven times. On August 9, Spisak shot at Coletta Dartt, a white woman who he claimed had "made some derisive remarks about us," referring to the Nazi Party. Spisak missed and Dartt managed to escape. On August 27, he shot Timothy Sheehan, a white man who he thought was Jewish, four times. On August 30, he shot Brian Warford, a 17-year-old black youth, once in the head. Spisak was found guilty of three counts of aggravated murder and was sentenced to death. [1] During his murder trial, he grew a Hitler mustache and carried a copy of Mein Kampf. [2]
Spisak had an accomplice, Ronald Reddish, who aided him before the shootings. Reddish was convicted of one count of attempted murder and sentenced to 7 to 25 years in prison. He was paroled in 1990. [3]
His claims were denied by the State of Ohio in direct appeal and to the Ohio Supreme Court stating that his claim was "not well-taken on the basis of our review of the record".
Spisak filed for habeas corpus relief in the District Court for the Northern District of Ohio. First he argued that the jury instructions at the penalty phase of trial unconstitutionally required the jury to consider in mitigation only factors that the jury unanimously found mitigating (violating Mills v. Maryland , 1988). [4] Second he argued that he had suffered significant harm because his original counsel had given an inadequate closing argument during sentencing (violating Strickland v. Washington , 1984). [5] The District Court subsequently denied his petition.
The petition was accepted on appeal to the Sixth Circuit which blocked the State from executing Spisak. The State of Ohio appealed to the Supreme Court. In Hudson v. Spisak (552 U.S. 945, 2007) the Court remanded the case back to the Sixth Circuit and ordered the appeals court to reconsider in light of two recent cases, Schriro v. Landrigan (2007) [6] and Carey v. Musladin (2006). [7] The Sixth Court of Appeals again reinstated its earlier opinion. Again the State appealed and the Supreme Court granted review.
The unanimous decision was handed down by Justice Breyer. The court asked two questions; "Did the Sixth Circuit disobey the directives of the Antiterrorism and Effective Death Penalty Act (AEDPA)" and "Did the Sixth Circuit exceed its authority when it presumed that Mr. Spisak suffered harm by deficient counsel?" It answered yes to both.
In Mills v. Maryland (1988), [4] the Supreme Court ruled that when imposing the death penalty the jury must be allowed to consider any mitigating circumstances that included any part of the defendant's record. In addition the jury must be allowed to consider "any relevant mitigating evidence."
Under the AEDPA a federal court is allowed to override a state court if the state court decision was directly contrary to established Federal Law. The Court ruled that the State of Ohio had not violated the rights of the defendant by requiring the jury to only consider unanimous mitigating factors.
In addition the Court overruled the Appeals Court determination that the instructions were unconstitutional on the basis that the jury was precluded from considering other sentencing options until it had rejected the death penalty. The Court criticized the Appeals Court saying "we have not previously held jury instructions unconstitutional for this reason, Mills says nothing about this matter."
In Strickland v. Washington (1984), [5] the court ruled that in order for an individual to claim relief for deficient counsel the petitioner must demonstrate that the "counsel's representation fell below an objective standard of reasonableness." In addition there must be evidence that because of this deficient counsel the result would have been different.
The Court found that the counsel had done an adequate job. The court went further and stated that even if counsel had not sufficiently defended Spisak there was no reasonable probability that the outcome would have been different. Describing in detail the closing arguments of the trial Justice Stevens went as far to say that Spisak had "alienated and ostracized the jury".
On February 17, 2011, Spisak was executed via lethal injection at the Southern Ohio Correctional Facility near Lucasville, Ohio, at the age of 59. He was the longest serving death row inmate in the state of Ohio. [8]
Spisak's last meal consisted of spaghetti with tomato sauce, a salad, chocolate cake, and coffee. [2]
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub. L.Tooltip Public Law 104–132 (text)(PDF), 110 Stat. 1214, enacted April 24, 1996, was introduced to the United States Congress in April 1995 as a Senate Bill. The bill was passed with broad bipartisan support by Congress in response to the bombings of the World Trade Center and Oklahoma City. It was signed into law by President Bill Clinton.
Gregg v. Georgia, Proffitt v. Florida, Jurek v. Texas, Woodson v. North Carolina, and Roberts v. Louisiana, 428 U.S. 153 (1976), is a landmark decision of the U.S. Supreme Court. It reaffirmed the Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg. The set of cases is referred to by a leading scholar as the July 2 Cases, and elsewhere referred to by the lead case Gregg. The court set forth the two main features that capital sentencing procedures must employ in order to comply with the Eighth Amendment ban on "cruel and unusual punishments". The decision essentially ended the de facto moratorium on the death penalty imposed by the Court in its 1972 decision in Furman v. Georgia 408 U.S. 238 (1972). Justice Brennan dissent famously argued that "The calculated killing of a human being by the State involves, by its very nature, a denial of the executed person's humanity... An executed person has indeed 'lost the right to have rights."
Schriro v. Summerlin, 542 U.S. 348 (2004), was a case in which the United States Supreme Court held that a requirement that a different Supreme Court decision requiring the jury rather than the judge to find aggravating factors would not be applied retroactively.
Dobie Gillis Williams was an American criminal in Louisiana who was convicted of the murder of Sonja Knippers in 1984, and sentenced to death. He was executed in 1999. His case has been controversial.
The Supreme Court of the United States handed down six per curiam opinions during its 2004 term, which began October 4, 2004 and concluded October 3, 2005.
Walton v. Arizona, 497 U.S. 639 (1990), was a United States Supreme Court case that upheld two important aspects of the capital sentencing scheme in Arizona—judicial sentencing and the aggravating factor "especially heinous, cruel, or depraved"—as not unconstitutionally vague. The Court overruled the first of these holdings in Ring v. Arizona, 536 U.S. 584 (2002). The second of these holdings has yet to be overturned.
Strickland v. Washington, 466 U.S. 668 (1984), was a landmark Supreme Court case that established the standard for determining when a criminal defendant's Sixth Amendment right to counsel is violated by that counsel's inadequate performance.
Panetti v. Quarterman, 551 U.S. 930 (2007), is a decision by the Supreme Court of the United States, ruling that criminal defendants sentenced to death may not be executed if they do not understand the reason for their imminent execution, and that once the state has set an execution date death-row inmates may litigate their competency to be executed in habeas corpus proceedings. This decision reaffirmed the Court's prior holdings in Ford v. Wainwright, and Stewart v. Martinez-Villareal.
Wiggins v. Smith, 539 U.S. 510 (2003), is a case in which the United States Supreme Court spelled out standards for "effectiveness" in the constitutional right to legal counsel guaranteed by the Sixth Amendment. Previously the court had determined that the Sixth Amendment included the right to "effective assistance" of legal counsel, but it did not specify what constitutes "effective", thus leaving the standards for effectiveness vague. In Wiggins v. Smith, the court set forth the American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases Guideline 11.8.6.(1989), as a specific guideline by which to measure effectiveness and competence of legal counsel.
Bigby v. Dretke 402 F.3d 551, the U.S. Court of Appeals for the Fifth Circuit heard a case appealed from the United States District Court for the Northern District of Texas on the issue of the instructions given to a jury in death penalty sentencing. The decision took into account the recent United States Supreme Court decisions concerning the relevance of mitigating evidence in sentencing, as in Penry v. Lynaugh.
Tennard v. Dretke, 542 U.S. 274 (2004), was a United States Supreme Court case in which the court was asked whether evidence of the defendant's low IQ in a death penalty trial had been adequately presented to the jury for full consideration in the penalty phase of his trial. The Supreme Court held that not considering a defendant's low IQ would breach his Eighth Amendment rights and constitute a cruel and unusual punishment.
The Supreme Court of the United States handed down nineteen per curiam opinions during its 2009 term, which began on October 5, 2009, and concluded October 3, 2010.
Penry v. Johnson, 532 U.S. 782 (2001), is a United States Supreme Court case which concerned whether instructions given to a Texas jury were constitutionally adequate to emphasize the mitigating factors in sentencing of defendants who are intellectually disabled The Texas courts had determined the sentencing instructions were consistent with prior Supreme Court jurisprudence, but the Court in a divided decision reversed, finding the sentencing instructions insufficient. This was the second time Penry's case made it to the Supreme Court.
The United States Constitution contains several provisions regarding the law of criminal procedure.
The Supreme Court of the United States handed down eight per curiam opinions during its 2014 term, which began October 6, 2014 and concluded October 4, 2015.
Bell v. Cone, 535 U.S. 685 (2002), was a Supreme Court of the United States case that upheld a death sentence despite the defendant's argument that he should not be sentenced to death because he was suffering from drug-induced psychosis when he committed the crimes. Cone also argued that he was denied effective assistance of counsel because his attorney failed to present sufficient mitigating evidence during the sentencing phase of his trial and that his attorney inappropriately waived his final argument during the sentencing phase. In an 8–1 opinion written by Chief Justice William Rehnquist, the United States Supreme Court denied Cone's petition for a writ of habeas corpus. The Court held that the actions taken by Cone's attorney during the sentencing phase were "tactical decisions" and that the state courts that denied Cone's appeals did not unreasonably apply clearly established law. Justice John Paul Stevens wrote a dissenting opinion in which he argued that Cone was denied effective assistance of counsel because his attorney failed to "subject the prosecution's case to meaningful adversarial testing."
Cone v. Bell, 556 U.S. 449 (2009), was a case in which the United States Supreme Court held that a defendant was entitled to a hearing to determine whether prosecutors in his 1982 death penalty trial violated his right to due process by withholding exculpatory evidence. The defendant, Gary Cone, filed a petition for postconviction relief from a 1982 death sentence in which he argued that prosecutors violated his rights to due process under the Fourteenth Amendment by withholding police reports and witness statements that potentially could have shown that his drug addiction affected his behavior. In an opinion written by Justice John Paul Stevens, the Supreme Court held that Cone was entitled to a hearing to determine whether the prosecution's failure to disclose exculpatory evidence violated Cone's right to due process; the Court noted that "the quantity and the quality of the suppressed evidence lends support to Cone’s position at trial that he habitually used excessive amounts of drugs, that his addiction affected his behavior during his crime spree". In 2016, Gary Cone died from natural causes while still sitting on Tennessee's death row.
Lafler v. Cooper, 566 U.S. 156 (2012), was a United States Supreme Court case in which the Court clarified the Sixth Amendment standard for reversing convictions due to ineffective assistance of counsel during plea bargaining. The Court ruled that when a lawyer's ineffective assistance leads to the rejection of a plea agreement, a defendant is entitled to relief if the outcome of the plea process would have been different with competent advice. In such cases, the Court ruled that the Sixth Amendment requires the trial judge to exercise discretion to determine an appropriate remedy.
Lockhart v. Fretwell, 506 U.S. 364 (1993), is a decision of the United States Supreme Court which held that failure to make an objection under Collins v. Lockhart did not constitute undue prejudice required by Strickland v. Washington, because the error did not cause a fundamentally unfair trial, as opposed to merely a different outcome of the case.
Tyler v. Cain, 533 U.S. 656 (2001) is a United States Supreme Court case in which the Court held that the rule established under Cage v. Louisiana (1990), where the Court held certain jury instructions unconstitutional because the words used did not suggest the degree of proof required by the "beyond a reasonable doubt" standard, was not "made retroactive to cases on collateral review by the Supreme Court." Tyler is the primary case regarding the retroactivity of new rules to successive habeas petitions.