Smith v. State

COVINGTON, Judge.

On July 20, 1988, a jury convicted Samuel D. Smith of first degree murder, § 565.020, RSMo 1986, and sentenced him to death. This Court affirmed the conviction. State v. Smith, 781 S.W.2d 761 (Mo. banc 1989), vacated, — U.S. —, 110 S.Ct. 1944, 109 L.Ed.2d 306 aff'd on remand, 790 S.W.2d 241 (Mo. banc 1990). At the sentencing hearing on August 19, 1988, the trial court advised Smith of his rights under Rule 29.15, Mo.R.Crim.P. Smith responded that he understood that he was required to file his pro se motion in the circuit court within thirty days of the filing of the trial…