Smiley v. State

During the early hours of December 10, 2011, while smoking a cigarette in his girlfriend’s backyard, in Salisbury, Maryland, Travis Green noticed Marcus Smiley, Petitioner, between five and seven feet away, “looking crazy and everything”, sitting atop the steps of the adjacent house. Within moments, when Green was about to leave, Smiley asked him, “did [you] see where he went?”, to which Green did not reply. When Green was about to enter his truck, Smiley fired the first shot at him, at close range.

After Green attempted to escape by sliding across the front seat of the truck and fleeing,…