State v. Smith

After a joint jury trial with his codefendant, Defendant was convicted of murder in the first degree, assault in the second degree, and use of a deadly weapon to commit a felony. Defendant was sentenced to life imprisonment plus ninety-six to 150 years. The Supreme Court affirmed Defendant's convictions and sentences, holding, inter alia, that the district court did not err in (1) refusing to sever Defendant's trial from his codefendant's; (2) allowing the State to introduce evidence of gang membership and prior bad acts without a hearing; (3) allowing the State to introduce hearsay evidence under the excited utterance exception to hearsay; (4) overruling Defendant's motions for mistrial; and (5) admitting post mortem photographs depicting the victim's face with a fatal wound, as the admission was not unfairly prejudicial to Defendant. The Court also held that there was sufficient evidence to support Defendant's convictions and that Defendant's speedy trial rights were not violated. View "State v. Smith" on Justia Law