Smith v. State

I dissent from the vacation and remand. I would treat the appeal papers as an application for habeas corpus in this Court. Inasmuch as the principal opinion does not reach the merits I have not undertaken a detailed examination of the motion transcript and the appellant’s brief (the Attorney General being so confident that he did not brief the merits), but a preliminary screening leads me to the tentative view that the findings and conclusions of the trial court are well supported by the record and that the points raised for reversal are without merit. If we were to examine the merits and…