Legal Opinion

Smith v. State

Court of Appeals of Mississippi

Decided March 20, 2012No. 2010-KA-01123-COAPublishedCited by 2 opinions

1Opinion of the Court

ROBERTS, J.,

for the Court:

¶ 1. Rachel Ryals Smith appeals her conviction for felony driving under the influence (DUI). Smith claims the indictment against her was legally insufficient; the prosecution failed to prove Smith had been convicted of DUI three times within five years; the circuit court erroneously admitted Smith’s statements to law enforcement; and the circuit court erroneously allowed the prosecution to reopen its casein-chief to enter an essential element of proof. Finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶ 2. On February 20, 2009, shortly after midnight,…

2Cases cited21 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. United States v. OlanoSupreme Court of the United States · 1993
  3. Bush v. StateMississippi Supreme Court · 2005
  4. Ward v. Village of MonroevilleSupreme Court of the United States · 1972
  5. Chase v. StateMississippi Supreme Court · 1994

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3Cited by2 opinions

  1. Henderson v. StateCourt of Appeals of Mississippi · 2013
  2. Westbrook v. StateCourt of Appeals of Mississippi · 2013

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