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Thread: Demetrius Dewayne Smith - Texas Death Row

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    Demetrius Dewayne Smith - Texas Death Row




    Facts of the Crime:

    On March 24, 2005, Smith entered a woman's home and shot her three times at close range, resulting in her death. The victim's daughter, an 11-year-old girl ran from the home, but Smith followed her and fatally shot her.

    Victims: Tammie White and Kristina White

    Smith was sentenced to death in Harris County in July 2006.

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    IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS

    NO. WR-70,593-01
    EX PARTE DEMETRIUS DEWAYNE SMITH

    ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
    FILED IN CAUSE NO. 1021168 IN THE 183rd DISTRICT COURT
    HARRIS COUNTY
    Per Curiam.

    O R D E R

    In June 2006, a jury found applicant guilty of the offense of capital murder. The jury answered the statutory punishment questions in such a way that the trial court set applicant's punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Smith v. State, No. AP-75,479 (Tex.Crim.App. May 6, 2009). On October 1, 2008, this Court remanded applicant's case to the trial court and ordered the case returned to this Court on or before May 5, 2009. It has been more than two years since the application was remanded. Accordingly, we order the trial court to resolve any remaining issues within 90 days from the date of this order. The clerk shall then transmit the complete writ record to this Court within 120 days from the date of this order. Any extensions of time shall be obtained from this Court.

    IT IS SO ORDERED THIS THE 1ST DAY OF AUGUST, 2012

    http://law.justia.com/cases/texas/co...70-593-01.html

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    Administrator Heidi's Avatar
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    EX PARTE DEMETRIUS DEWAYNE SMITH

    In today's TCCA orders, after remanding the case in June 2012, the court DENIED Smith's petition for post-conviction relief.
    An uninformed opponent is a dangerous opponent.

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    Administrator Moh's Avatar
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    On March 16, 2015, Smith filed a habeas petition in Federal District Court.

    https://dockets.justia.com/docket/te...v00707/1249671

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    Administrator Moh's Avatar
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    On May 14, 2018, Smith filed an appeal before the US Court of Appeals for the Fifth Circuit.

    https://dockets.justia.com/docket/ci...s/ca5/18-70020

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    Administrator Moh's Avatar
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    On February 7, 2019, oral argument will be heard in Smith's appeal before the Fifth Circuit.

    http://www.ca5.uscourts.gov/clerk/ca...2/18-70015.htm

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    Smith's panel will be made up of Senior Judge Clement (G.W. Bush), Judge Owen (G.W. Bush) and Judge Haynes (G.W. Bush).

    http://www.ca5.uscourts.gov/clerk/ca...2/18-70015.htm

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    Administrator Moh's Avatar
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    In today's opinions, the Fifth Circuit DENIED Smith's appeal.

    http://www.ca5.uscourts.gov/opinions...-70015-CV0.pdf

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    On August 2, 2019, the Fifth Circuit DENIED Smith's petition for en banc rehearing.

    https://www.supremecourt.gov/search....c/19-6482.html

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    Distributed for conference March 6, 2020

    https://www.supremecourt.gov/search....c/19-6482.html
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