Smiley v. State
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The Supreme Court affirmed Defendant's conviction of first-degree felony murder, robbery with a firearm, aggravated assault with a firearm, and burglary of a dwelling with an assault or battery while armed with a firearm and Defendant's sentence of death, holding that Defendant was not entitled to reversal on any of his allegations of error.
Specifically, the Supreme Court held (1) the trial court did not err in finding that the State did not commit a discovery violation regarding a certain photograph; (2) the trial court did not err in admitting two photographs over an objection for lack of proper predicate and prejudicial impact; (3) the trial court did not abuse its discretion in denying Defendant's motions for mistrial; (4) the trial court did not err in allowing the State to argue during the penalty phase that Defendant possessed and discharged a firearm; (5) the penalty phase closing arguments did not violate Defendant's constitutional rights; (6) the penalty phase jury instructions and verdict form were proper; (7) the trial court’s sentencing order was legally deficient and incorrect as a matter of law; (8) there was sufficient evidence to sustain the conviction; and (9) Defendant's death sentence was proportionate.
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