Smith v. State

BRIDGES, J.,

for the court.

¶ 1. On August 1, 1996, a jury found Chauncey Smith guilty of capital murder. After the jury was unable to reach a unanimous decision on sentencing, the court sentenced Smith to life imprisonment without possibility of parole. Smith filed a motion for JNOV or new trial on August 19, 1996, but as the court was unaware of the motion, it was not ruled on until March 8, 2001, when it was denied. Subsequently, Smith was granted an out-of-time appeal, which he filed on March 30, 2001.

STATEMENT OF ISSUES

I. DID THE STATE ESTABLISH A PRIMA FACIE CASE FOR THE UNDERLYING FELONY…