Smith v. State (Majority)
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The Supreme Court denied Petitioner’s pro se second petition to reinvest jurisdiction with the trial court to consider a petition for writ of error coram nobis, holding that Petitioner failed to demonstrate that the writ should issue and that several of Petitioner’s claims were successive.
Petitioner was convicted of first-degree murder and sentenced as a habitual offender to 720 months’ imprisonment. In his second coram nobis petition, Petitioner claimed that he suffered a variety of defects in the underlying criminal proceedings, including a Brady violation. The Supreme Court denied relief, holding (1) where several of Petitioner’s claims were raised in his first coram nobis petition and were again raised here without additional facts, these arguments constituted an abuse of the writ; and (2) the one issue that Petitioner did not previously raise did not provide a basis for the issuance of this extraordinary writ.
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