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SMART v. LEEKE

No. 87-7737.

856 F.2d 609 (1988)

Ronald Francis SMART, Petitioner-Appellee, v. William D. LEEKE, Commissioner, South Carolina Department of Corrections; Attorney General of South Carolina, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided September 6, 1988.

Rehearing Granted October 27, 1988.

Attorney(s) appearing for the Case

Donald J. Zelenka, Chief Deputy Atty. Gen., Columbia, S.C., for respondents-appellants.

David I. Bruck (Bruck & Blume, Columbia, S.C., on brief), for petitioner-appellee.

Before PHILLIPS, MURNAGHAN and WILKINS, Circuit Judges.

Rehearing In Banc Granted October 27, 1988.

MURNAGHAN, Circuit Judge:

Here we are presented with a principle of law revisited. Ronald Francis Smart was tried for murder in a state court of South Carolina and was convicted and sentenced to death. While the conviction was affirmed by the South Carolina Supreme Court, the death sentence was vacated. Resentencing led to two consecutive terms of life imprisonment. The crime for which Smart had been charged was...

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