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SMITH BY AND THROUGH SMITH v. ARMONTROUT

No. 84-4379-CV-C-5.

604 F.Supp. 840 (1985)

Gerald M. SMITH, By and Through his next friend, Eugene SMITH, Jr., Plaintiff, v. William ARMONTROUT, Warden, Missouri State Penitentiary, Defendant.

United States District Court, W.D. Missouri, C.D.

On Order for Expert Witness January 31, 1985.

Attorney(s) appearing for the Case

Richard H. Sindel, Clayton, Mo., James Asher, ACLU, Eastern Mo., St. Louis, Mo., for plaintiff.

John M. Morris, Asst. Atty. Gen., Jefferson City, Mo., for defendant.

ORDER

SCOTT O. WRIGHT, Chief Judge.

The first execution in the State of Missouri since 1965 is scheduled to occur in approximately sixty hours. In 1981, Gerald Smith was convicted of capital murder for the 1980 bludgeoning of an ex-girlfriend. At trial, Smith admitted the killing but asserted that, by reason of mental disease or defect, he lacked the intent necessary to be convicted of capital murder. The jury rejected Smith's diminished capacity defense...

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