Legal Opinion

State v. Smith

Court of Appeals of Wisconsin

Decided June 16, 2009No. 2008AP2106-CRPublished

1Opinion of the CourtKessler, J.

¶ 1. Jermaine Smith appeals from an order denying his "motion to amend his Judgment of Conviction to reflect his common law spiritual name," which he states is "Marcólo Vón Capoeira." Because Smith's motion fails to provide any support for his assertion that he used the name Marcólo Vón Capoeira for ten years (including four years prior to the time his crime was committed) and because he did not raise this issue during his criminal case, we affirm the order.

BACKGROUND

¶ 2. Smith was convicted of one count of first-degree intentional homicide, while armed, based on the 2002 slaying of the wife…

2Cases cited4 opinions

  1. State v. HansfordWisconsin Supreme Court · 1998
  2. State v. BembenekCourt of Appeals of Wisconsin · 2006
  3. State v. SmithCourt of Appeals of Wisconsin · 2005
  4. State v. TiggsCourt of Appeals of Wisconsin · 2002

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