Curry
Smith v. Curry
Opinion
Opinion
BACKGROUND
The following factual summary of the evidence supporting the verdict is adapted from the opinion of the state appellate court. The victims, Eugene and Deanna S, aged 71 and 56 at the time of trial, lived in Sacramento, California in September 1997, when they visited Reno and won $4,000 gambling. On Saturday, September 6, 1997, the evening of their return, Mrs. S told a former co-worker, Robert McKinsey, of the couple’s winnings.
The next afternoon, Sunday, September 7, Mr. S was watching television in the couple’s living room. Mrs. S was in the bedroom after washing her hair. When the doorbell SMITH v. CURRY 12569 rang, Mr. S opened the front door and saw petitioner Smith, a tall African-American man in a black t-shirt, standing with a folded newspaper. Smith told Mr. S he was soliciting sub- scriptions, but Mr. S said he was not interested and returned to his couch, leaving the screen door unlocked. Smith fol- lowed Mr. S into the house and held a gun to his head, asking where the money was. When Mr. S denied having any money, Smith hit him with his hand and with the gun, and ordered Mr. S to hand over the money.