Smith v. State

315 Ga. 287

FINAL COPY S22A1051. SMITH v. THE STATE. PETERSON, Presiding Justice. Nineteen years ago, Danyel Smith was convicted of the murder of his infant son based on a theory of “shaken baby syndrome” (“SBS”). Smith now argues that the science regarding diagnosis of brain injuries in infants has changed so much since his trial that he is entitled to a new trial based on a new expert affidavit ruling out battery or shaking as the cause of the baby’s death. The trial court rejected that argument and denied Smith’s extraordinary motion for new trial without a hearing. Because Smith’s…