No. 24-1153

Corey Schirod Smith v. John Q. Hamm, Commissioner, Alabama Department of Corrections

Lower Court: Eleventh Circuit
Docketed: 2025-05-09
Status: Denied
Type: Paid
Tags: criminal-sentencing habeas-corpus ineffective-assistance mitigating-evidence postconviction-relief strickland-standard
Key Terms:
DueProcess HabeasCorpus Punishment Securities JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (from Petition)

Did the Eleventh Circuit Court of Appeals misapply Strickland, and its progeny, by failing to consider in its "prejudice inquiry", the unrebutted, noncumulative postconviction lay evidence of Mr. Smith's severe, lifelong physical and emotional abuse, learned violent behavior by men against women and significant drug abuse since childhood, thereby analyzing the prejudice suffered by Mr. Smith in conflict with established precedent from this Court.

Question Presented (AI Summary)

Did the Eleventh Circuit Court of Appeals misapply Strickland, and its progeny, by failing to consider in its 'prejudice inquiry' the unrebutted, noncumulative postconviction lay evidence of Mr. Smith's severe, lifelong physical and emotional abuse, learned violent behavior by men against women and significant drug abuse since childhood, thereby analyzing the prejudice suffered by Mr. Smith in conflict with established precedent from this Court

Docket Entries

2025-10-06
Petition DENIED.
2025-07-23
DISTRIBUTED for Conference of 9/29/2025.
2025-07-21
2025-07-21
2025-07-08
Brief of Commissioner, AL Dept of Corrections in opposition submitted.
2025-07-08
Brief of respondent Commissioner, AL Dept of Corrections in opposition filed.
2025-07-08
Brief of respondent John Q. Hamm, Commissioner, Alabama Department of Corrections in opposition filed.
2025-05-23
Motion to extend the time to file a response is granted and the time is extended to and including July 9, 2025.
2025-05-22
Motion of Commissioner, AL Dept of Corrections for an extension of time submitted.
2025-05-22
Motion to extend the time to file a response from June 9, 2025 to July 9, 2025, submitted to The Clerk.
2025-05-07
2025-03-17
Application (24A895) granted by Justice Thomas extending the time to file until May 7, 2025.
2025-03-13
Application (24A895) to extend the time to file a petition for a writ of certiorari from April 7, 2025 to May 22, 2025, submitted to Justice Thomas.

Attorneys

Commissioner, AL Dept of Corrections
Henry Mitchell JohnsonAlabama Atty General, Respondent
Corey Smith
Jerry KristalWeitz & Luxenberg, P.C., Petitioner