State v. Smith

Shelley Sue Smith appeals her convictions for the attempted first degree murder of her flaneé, James Jeffers, and for conspiring to commit the first degree murder of her ex-husband, David Smith. Jeffers testified against Smith, but later recanted and pleaded guilty to perjury. Smith seeks a new trial because of Jeffers’s recantation. She also assigns error to the information and to certain jury instructions. We find no error but remand for a determination of whether the recantation requires a new trial.

Facts

Smith and her ex-husband, David Smith, had an ongo ing custody dispute regarding K,…