# Smith v. State

> Court of Criminal Appeals of Alabama · December 22, 2000 · 213 So. 3d 108

URL: https://www.frixlaw.com/law-library/cases/4835909

## Case

- **Full name:** Jerry Jerome SMITH v. STATE
- **Court:** Court of Criminal Appeals of Alabama
- **Decided:** December 22, 2000
- **Citations:** 213 So. 3d 108; 2000 Ala. Crim. App. LEXIS 3289; 2000 WL 1868419
- **Precedential status:** Published
- **Opinion:** Dissent by Cobb
- **Judges:** Baschab, Cobb, Fry, Himself, Long, McMillan, Patterson, Shaw, Wise
- **Cited by:** 9 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Reversed in part, on other grounds by Ex parte Smith, 2003 Ala. LEXIS 79 (2003).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4835909

## Opinion text

COBB, Judge
(dissenting).
I would grant Smith’s application for rehearing and remand this cause for a new sentencing hearing for the reasons I set forth in my special writing to the original opinion, released on December 22, 2000.
In this Court’s opinion on return to second remand, issued August 31, 2001, in which this Court affirmed Smith’s sentence of death, my vote was inadvertently reflected as concurring. I should have been shown as dissenting. My reasons for dissenting from the sentencing aspect of the majority opinion on the original submission were not changed by the trial court’s action on second remand.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4835909. Public record. Not legal advice.