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Joe Clarence Smith, Jr. - Arizona Death Row
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Thread: Joe Clarence Smith, Jr. - Arizona Death Row

  1. #1
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    Joe Clarence Smith, Jr. - Arizona Death Row




    Facts of the Crime:

    Shortly before midnight on December 30, 1975, 18-year-old Sandy Spencer finished work at a fast food restaurant and began hitchhiking home. Smith picked her up and drove her to a desert location north and west of Phoenix. There he bound her, forced dirt into her mouth and nostrils and taped her mouth closed. Ms. Spencer died of asphyxiation, but to satisfy himself that she was actually dead, Smith stabbed her numerous times and embedded a two-inch long sewing needle in her breast.

    Ms. Spencer's nude body was found on January 1, 1976. In late January of 1976, Smith picked up another hitchhiker, 14-year-old Neva Lee. Smith took the girl to another desert location and killed her by forcing dirt into her mouth and nostrils and taping her mouth closed. Ms. Lee also died of asphyxiation, was stabbed several times, and had been jabbed in the breasts with needles. Her nude body was discovered on February 2, 1976.

    Smith was first tried and convicted for the murder of Neva Lee. Several days into the trial for the murder of Sandy Spencer, Smith entered a plea of guilty to the charge.

    Smith was first sentenced to death on August 31, 1977. Subsequently, he was re-sentenced to death on November 7, 1979 and June 2, 2004.

  2. #2
    Administrator Moh's Avatar
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    On February 15, 2012, Smith filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ari...v00318/678378/

  3. #3
    Senior Member Member RobertH's Avatar
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    I wonder how may petitions this guy is going to file, He has been on DR for 35 years. Does anyone know what his status is?

  4. #4
    Administrator Jan's Avatar
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    His habeas petition in Federal District Court is still pending.

    ORDER that Petitioner's 23 Motion for Extension of Time to File Habeas Petition is granted. Petitioner shall file a Petition for Writ of Habeas Corpus no later than December 21, 2012. Respondents shall file an Answer no later than February 19, 2013. Petitioner shall file a Reply no later than March 21, 2013. Any motion for evidentiary development shall be filed no later than April 11, 2013. A response to any motion for evidentiary development shall be filed no later than May 2, 2013. A reply to any response to a motion for evidentiary development shall be filed no later than May 13, 2013. Signed by Senior Judge Paul G Rosenblatt on 12/3/2012.(LFIG)
    After that there will be appeals with the Ninth Circuit and SCOTUS. This will take a couple of years.

    PROCEEDINGS

    Start of Trial: May 24, 1977 (Neva Lee)
    June 28, 1977 (Sandy Spencer)
    Verdict: June 17, 1977 (Neva Lee)
    Guilty Plea: July 7, 1977 (Sandy Spencer)
    Sentencing: August 31, 1977 (both murders)
    Resentencing: November 7, 1979 (both murders)
    Resentencing: June 2, 2004 (both murders)

  5. #5
    Administrator Moh's Avatar
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    On March 24, 2014, Smith's habeas petition was DENIED in Federal District Court.

    http://docs.justia.com/cases/federal...0318/678378/47

    On July 2, 2014, Smith filed an appeal before the US Court of Appeals for the Ninth Circuit.

    http://dockets.justia.com/docket/cir...s/ca9/14-99008

  6. #6
    Administrator Moh's Avatar
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    On December 8, 2015, oral argument will be heard in Smith's appeal before the Ninth Circuit.

    http://www.ca9.uscourts.gov/calendar...7-11&year=2015

  7. #7
    Administrator Moh's Avatar
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    The panel was made up of Judges Paez (Clinton), Clifton (G.W. Bush) and Owens (Obama).

    http://www.ca9.uscourts.gov/calendar...7-11&year=2015

  8. #8
    Administrator Moh's Avatar
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    On May 26, 2016, the Ninth Circuit DENIED Smith's appeal.

    https://cdn.ca9.uscourts.gov/datasto...6/14-99008.pdf

  9. #9
    Administrator Moh's Avatar
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    On September 23, 2016, the Ninth Circuit DENIED Smith's petition for en banc rehearing.

    https://www.supremecourt.gov/Search....%5C16-8071.htm

  10. #10
    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court DENIED Smith's petition for certiorari. Justice Breyer dissented.

    Lower Ct: United States Court of Appeals for the Ninth Circuit
    Case Nos.: (14-99008)
    Decision Date: May 26, 2016
    Rehearing Denied: September 23, 2016

    https://www.supremecourt.gov/search....es/16-8071.htm

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