Smith v. Spisak (2009)
- Docket
- 08-724
- Decided
- 2009-01-01
Summary
Question: 1) Did the Sixth Circuit disobey the directives of the Antiterrorism and Effective Death Penalty Act and the Supreme Court's decision in Musladin when it resolved questions in Mr. Spisak's favor that were not decided in Musladin ? 2) Did the Sixth Circuit exceed its authority when it presumed that Mr. Spisak suffered prejudice by allegedly deficient statements made by his counsel at sentencing and ignored the Ohio Supreme Court's standard for prejudice? Conclusion: Yes. Yes. With Justice Stephen G. Breyer writing for the majority and joined by Chief Justice John G. Roberts, and Justices Antonin G. Scalia, Anthony M. Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Samuel A. Alito, and Sonia Sotamayor, and Justice John Paul Stevens in part, the Supreme Court reversed the Sixth Circuit. The Court held that the jury instructions in Mr. Spisak's trial were not "contrary to" and did not "involve[] an unreasonable application of, clearly established Federal law." The Court further held that even though Mr. Spisak's counsel's closing argument was inadequate, it reasoned that there was no "reasonable probability" that a better closing argument would have made a significant difference in Mr. Spisak's sentence. Justice John Paul Stevens wrote a separate opinion, concurring in part and concurring in the judgment. He argued that the Sixth Circuit correctly concluded that errors occurred during Mr. Spisak's trial that violated clearly established federal law. However, Justice Stevens agreed that those errors did not entitle Mr. Spisak to relief as his own conduct "alienated and ostracized the jury" and "his crimes were monstrous."