Smith v. State

Sears-Collins, Justice.

The trial court granted the state’s motion for a mistrial in Ivan Edward Smith’s jury trial for murder, felony murder, and aggravated assault. The mistrial was declared after Smith testified on redirect examination by defense counsel that the custodial statement he gave to police had been coerced. 1 The trial court stated that such an allegation should have been raised in a Jackson-Denno hearing, and that she could not “cure the defendant’s testimony about [the statement being forced] because he said it several times.” Prior to retrial for the same offenses, Smith filed…