State v. Smith

BOOKER T. SHAW, Chief Judge.

Otis Smith (Defendant) appeals from an order denying his motion for a hearing de novo for the presiding judge en banc to adjudicate the sufficiency of the indictment and a due process violation. Because such an order is not a final, appealable judgment, the appeal is dismissed.

Defendant pleaded guilty and was sentenced for two counts of capital murder on August 12, 1983. Some twenty-three years later, on March 16, 2006, Defendant filed a motion for a hearing de novo for the presiding judge en banc to adjudicate the sufficiency of the indictment and the due process…