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Resentencing ordered in death sentence case from Cleveland County
Resentencing ordered in death sentence case from Cleveland County
The
Arkansas Supreme Court today ruled that
Brad Hunter Smith should be resentenced on his capital murder conviction for the kidnapping and murder of Cherrish Allbright in Cleveland County in January 2016.
His conviction and death sentence were upheld originally, but in seeking post-conviction relief Smith said he’d had ineffective counsel because his trial lawyer dropped an objection to the prosecution’s using Allbright’s pregnancy as an aggravating circumstance justifying the death penalty.
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The Supreme Court’s 5-2 decision today turned on whether Allbright’s five-week-old embryo was a person under the statute, which says a person commits capital murder if “with the premeditated and deliberated purpose of causing the death of another person, the person causes the death of any person.”