Following a decision by the Tennessee Court of Criminal Appeals, Leonard Smith will once again be removed from death row after his case was remanded for re-sentencing. Leonard Smith’s third such removal from death row is a direct result of his trial attorneys’ failure to adequately investigate and present evidence that could have led to the recusal of 1st Judicial District Judge Lynn Brown. While a district attorney, Judge Brown had prosecuted Leonard Smith on a robbery charge. The court found that while Leonard Smith’s trial attorneys could be “commended for their perseverance … the proven constitutional deficiency cannot be overlooked.”
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