Smithart v. State

OPINION

FABE, Justice.

I. INTRODUCTION

Charles Smithart appeals his convictions for kidnapping, first-degree sexual assault, and first-degree murder. He argues that the trial court erred by refusing to allow his attorney to present evidence and argument that the crimes were committed by another man. Because the right to present one’s defense is a fundamental right in our criminal justice system, the trial court’s failure to allow Siiiithart to introduce relevant evidence and to argue freely that another man committed the crimes was not harmless beyond a reasonable doubt. We thus reverse and…