Smith v. State

This Court has today released an opinion and an unpublished memorandum in this case. I agree with the majority's resolution of the first three issues in its unpublished memorandum. I respectfully dissent from the majority's conclusion as to the fourth issue — that the claims regarding the admissibility of Smith's statement were not preserved for appellate review.

The record reflects that, when the prosecutor asked the deputy about the content of Smith's statement, defense counsel stated, "I object. I don't think the proper predicate has been laid." (R. 78.) The majority concludes that this…