⚖ Oral Arguments, with Context

The Ninth Circuit hears a death-penalty challenge arising from the robbery and killing of an elderly couple at an Arizona campground. Todd Smith was convicted of two murders and sentenced to death. The sentencing judge considered mental-health evidence but did not find enough mitigation for a life sentence. Smith later claimed his lawyers had failed to investigate and present important evidence of brain damage and prenatal alcohol exposure. The federal district court rejected that sentencing claim, treating the additional evidence as largely cumulative. Much of today's argument concerns whether the federal proceedings should now pause so Smith can present the claim in an Arizona court. That procedure is called stay and abeyance: the federal case remains open while state remedies are pursued. Listen for the distinction between a claim being strong enough for that procedural step and strong enough to overturn a death sentence.

Todd Smith v. David Shinn (No. 10-99002) — U.S. Court of Appeals for the Ninth Circuit, argued November 5, 2026.