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ESTELLE v. SMITH

No. 79-1127.

451 U.S. 454 (1981)

ESTELLE, CORRECTIONS DIRECTOR v. SMITH.

Supreme Court of United States.

Decided May 18, 1981.

Attorney(s) appearing for the Case

Anita Ashton, Assistant Attorney General of Texas, argued the cause for petitioner. With her on the brief were Mark White, Attorney General, John W. Fainter, Jr., First Assistant Attorney General, Ted L. Hartley, Executive Assistant Attorney General, and W. Barton Boling and Douglas M. Becker, Assistant Attorneys General.

Joel Berger argued the cause for respondent. With him on the brief were John F. Simmons, Jack Greenberg, James M. Nabrit III, John Charles Boger, and Anthony G. Amsterdam.*

CHIEF JUSTICE BURGER delivered the opinion of the Court.

We granted certiorari to consider whether the prosecution's use of psychiatric testimony at the sentencing phase of respondent's capital murder trial to establish his future dangerousness violated his constitutional rights. 445 U.S. 926 (1980).

I

A

On December 28, 1973, respondent Ernest Benjamin Smith was indicted for murder arising from his participation in the armed robbery of...

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