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Thread: Oscar Franklin Smith - Tennessee Death Row

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    Oscar Franklin Smith - Tennessee Death Row




    Facts of the Crime:

    Smith was found guilty in Davidson County of shooting and stabbing to death his estranged wife, Judy Smith, and her sons, Jason and Chad Burnett on October 1, 1989. Evidence presented at his 1990 trial included a 911 emergency services tape recording in which Jason Burnett was heard crying, “Help me!” and his brother is heard shouting, “Frank, no! God help me!” A bloody hand print, identified as Smith’s, was on the bed sheet next to Judy Smith’s body.

    Smith was sentenced to death on July 26, 1990.

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    On June 21, 2010, Smith was denied a Certificate of Appealability by the US Court of Appeals for the Sixth Circuit.

    Opinion is here:

    http://www.ca6.uscourts.gov/opinions...0a0370n-06.pdf

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    Senior Member CnCP Legend JLR's Avatar
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    He should be up for cert denial soon. With West, Irick and Zagorski on stays, and this guy, Wright and Middlebrooks awaiting their denials, it looks set to be a bloodbath in Tennessee when the lethal injection nonsense is over.

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    On March 26, 2012, Oscar Smith was GRANTED his petition for a writ of certiorari. Judgment is vacated and the case is remanded to the Sixth Circuit re: Martinez v Ryan.

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    In today's Supreme Court decisions, Warden Colson's petition for rehearing was DENIED.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Heidi's Avatar
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    In today's Supreme Court orders, Smith's petition for writ of certiorari was granted and the case remanded to the 6th Circuit for further consideration in light of Trevino v. Thaler.
    An uninformed opponent is a dangerous opponent.

    "Y'all be makin shit up" ~ Markeith Loyd

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    Administrator Helen's Avatar
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    Case files: New appeals for Tennessee death row inmates

    By Stacey Barchenger
    The Tennessean

    Lawyers have filed motions in Tennessee courts on behalf of condemned inmates that present a new, and perhaps unexpected, course of attack on the death penalty: Citing the U.S. Supreme Court ruling legalizing same-sex marriage nationwide. The motions seek to re-open the condemned inmates' cases.

    They argue that the Supreme Court justices in the 2015 same-sex marriage case, known as Obergefell, ruled that courts cannot infringe on fundamental rights, including the right to life. The inmates say that to impose a death sentence infringes on that right.

    Many of those motions have been denied by judges, though a few are still pending.

    Here are some of those cases:

    Oscar Smith, Davidson County, motion denied: Smith was sentenced to death in 1990 for the murders of his estranged wife, Judy Robirds Smith, and her sons, Jason and Chad Burnett, 13 and 16. A bloody handprint, identified as Smith's, was found on a bed sheet next to his wife's body.

    http://www.tennessean.com/story/news...ates/91294878/
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    “There are lots of extremely smug and self-satisfied people in what would be deemed lower down in society, who also deserve to be pulled up. In a proper free society, you should be allowed to make jokes about absolutely anything.”
    - Rowan Atkinson

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    Administrator Moh's Avatar
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    In today's orders, the United States Supreme Court denied Smith's petition for certiorari.

    Lower Ct: United States Court of Appeals for the Sixth Circuit
    Case Numbers: (18-5133)
    Decision Date: August 22, 2018
    Rehearing Denied: October 31, 2018

    https://www.supremecourt.gov/search....c/18-1132.html

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    Senior Member CnCP Legend Mike's Avatar
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    State Attorney General Seeks Execution Dates for Nine Death Row Prisoners

    By Steven Hale
    Nashville Scene

    Tennessee Attorney General Herbert Slatery is asking the Tennessee Supreme Court to set execution dates for nine more men, including the four remaining death row prisoners from Nashville.

    The request for more execution dates came without warning. Slatery’s office filed motions asking for the dates on Sept. 20 — the same day the AG announced he would challenge Nashville Criminal Court Judge Monte Watkins’ decision to vacate the death sentence of Abu-Ali Abdur’Rahman at the request of Nashville District Attorney Glenn Funk. Slatery took aim at Watkins and Funk — both of whom are elected officials — in a press release announcing the legal challenge, calling the decision to drop

    Abdur’Rahman’s death sentence “unlawful” and “unprecedented.” Funk said he stands by his position, while Abdur’Rahman’s attorney Bradley MacLean called the AG’s move “unprecedented” and said the state is “bound” by Watkins’ order.

    The AG can seek execution dates for a death row prisoner once the prisoner has exhausted the three-tier appeals process. The state Supreme Court decides when the executions will take place. In February 2018, Slatery sought a slew of execution dates and asked for them to be scheduled in quick succession, citing concerns about the state’s ability to carry out lethal injections beyond June of that year. The state Supreme Court ultimately blocked the AG’s request for the rush of executions.

    Excluding Abdur’Rahman — whose execution had been scheduled for April 16, 2020 — there are two more men scheduled to be executed in the coming months: Lee Hall on Dec. 5 and Nicholas Sutton on Feb. 20.

    The men for whom the AG is seeking execution dates are below:

    Oscar Smith (Davidson County), who was convicted for the 1989 murders of his estranged wife Judy Smith and her two sons, Chad and Jason Burnett.

    Like the five men who have been executed since August 2018, many of the men above have a history of severe mental illness.

    The Scene received this response from Assistant Federal Public Defender Kelley Henry:

    We learned of the request for mass executions late yesterday after receiving the requests in the mail. Seven of the nine are represented by my office. All of the remaining Davidson county cases are included in the request. We were surprised by the request for mass executions. Each case is unique and represents a number of fundamental constitutional problems including innocence, racism, and severe mental illness. We will oppose the appointed Attorney General’s request.

    https://www.nashvillescene.com/news/...-row-prisoners
    Last edited by Mike; 09-24-2019 at 09:31 AM.
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

  10. #10
    Senior Member CnCP Legend Mike's Avatar
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    Some interesting things I read about this case.

    The time of the crime

    It appears that these tragic, brutal and bizarre murders occurred at approximately 11:20 p.m. on Sunday, October 1, 1989, when the Metropolitan Nashville Police Department received a 911 emergency call from 324 Lutie Street, Judy Smith's home in the

    Woodbine section of Nashville. On the tape of the call, which was later technically enhanced and played at trial, a young male voice, identified at trial as that of Jason Burnett, is heard crying, "Help me!" In the background another male, identified as Chad Burnett, is heard shouting "Frank, no. God, help me!" The call ended abruptly with Jason stating "324 Lutie Street." Officers dispatched to the scene arrived at the house five minutes later. They knocked on the front door and received no answer. Everything appeared quiet so the officers assessed the situation as a "false call" and left.

    It was not until 3:00 p.m. the next day, that the bodies of Judy, Jason and Chad were discovered. The body of Chad was found lying face up on the kitchen floor.

    I have to say looking at pictures of the house, the windows are at least 8-9 feet off the ground, meaning that the officers probably couldn't get a look inside when the first arrived.

    Evidence

    When police first entered Judy Smith's house, they found a bloody palm print on the sheet beside Judy's body. A latent fingerprint examiner testified that it matched the palm print of the Defendant's left hand, which, like the print on the sheet, was missing the two middle fingers. Other circumstantial evidence connected the Defendant to the crime.

    A brown cotton work glove found in the front bedroom resembled gloves the Defendant used in his work. The Defendant also owned a .22 caliber revolver and was known to carry a large knife. He engaged in the craft of leatherworking, in which an awl is a basic tool used to punch holes or mark guidelines in leather.

    In March 1989, he had taken out a life insurance policy with American General on Judy for $20,000 and the boys for $10,000 each. In February of that same year, he had taken out a $20,000 policy on Judy and insured the boys for $5,000 each with Liberty National. He had earlier taken out a policy on Judy for $10,000 and the boys for $4,000 each with United Insurance. He thus was the beneficiary of $88,000 of life insurance on the lives of Judy and her two sons.

    https://law.justia.com/cases/tenness...-2d-561-1.html
    "There is a point in the history of a society when it becomes so pathologically soft and tender that among other things it sides even with those who harm it, criminals, and does this quite seriously and honestly. Punishing somehow seems unfair to it, and it is certain that imagining ‘punishment’ and ‘being supposed to punish’ hurts it, arouses fear in it." Friedrich Nietzsche

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