Richard James Smith, Sr. v. Lanson Newsome, Warden and Michael Bowers

VANCE, Circuit Judge:

Richard James Smith, Sr. appeals a denial of his application for habeas corpus relief. In a joint trial with a co-defendant held in the Superior Court of Fulton County, Georgia, Smith was convicted of aggravated assault, four counts of armed robbery and violation of Georgia’s feticide statute. Smith’s convictions were affirmed by the Supreme Court of Georgia in Brinkley v. State, 253 Ga. 541, 322 S.E.2d 49 (1984), where the court specifically considered the constitutionality of the feticide statute and the trial court’s refusal to grant a severance of parties. We affirm…