Smith v. State
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The Supreme Court vacated the judgment of the appellate court affirming the decision of the circuit court denying Appellant's motion to dismiss the charges against him after this Court remanded his case to the circuit court with instructions to grant his petition for writ of actual innocence and to conduct a new trial, holding that it was not possible for the Court to meaningfully evaluate whether Appellant suffered irreparable prejudice for which dismissal of the charges was the only feasible remedy.
Appellant was convicted of first-degree murder. After Appellant's petition for writ of actual innocence was denied, the Court of Appeals concluded that the circuit court erred in denying the petition. Before his retrial, Appellant moved to dismiss the charges based on due process and double jeopardy violations. The circuit court denied the motion, after which Appellant and the State entered into a plea agreement. The appellate court affirmed the denial of Appellant's motion to dismiss. The Supreme Court vacated the judgment and remanded the case, holding that, given that the new trial ordered by the Court did not take place, it was not possible for this Court to assess beyond mere speculation what the evidence might have consisted of at retrial.
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