Smith v. Georgia
Annotate this CaseTracy Smith appealed his conviction for felony murder in connection with the 2011 death of Jerome Walden. On appeal, Smith argued the trial court erred in overruling his special demurrer to the felony murder charge, and that the court erred in failing to grant a new trial on his claims of constitutionally ineffective assistance of trial counsel, based on counsel’s failure to (1) object to the verdict form and the trial court’s jury instruction on felony murder, which Smith contends allowed the jurors to render a potentially non-unanimous verdict; (2) file a general demurrer as to the felony murder count; and (3) file a plea in bar on the ground that Smith was not re -tried within the time period required by his statutory speedy trial demand. Finding no reversible error, the Georgia Supreme Court affirmed Smith’s conviction.
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