Three of the six justices who agreed with the decision to reject Aaron Cody Smith’s request for a review of his case also found that Smith could have grounds for further appeals because of the failure of his lawyers to raise certain points in his defense.
The Alabama Supreme Court has turned down an appeal from a white former Montgomery police officer who was convicted of manslaughter for the fatal shooting of a Black man in 2016.in the death of Gregory Gunn after an encounter in a Montgomery neighborhood on Feb. 25, 2016. A judge sentenced Smith to 14 years in prison.
Mitchell wrote that he agreed with the decision to quash the writ of certiorari - rejecting Smith’s request for review - because he said it failed to raise any viable legal theories. But Mitchell found that the record in the Court of Criminal Appeals “raises obvious doubts regarding Smith’s conviction and the adequacy of his counsel, I believe he may be eligible for postconviction relief.” Justice Michael Bolin concurred with Mitchell’s opinion.
Bryan concurred with the decision to deny Smith’s appeal. None of the justices supported granting the request for review. Justices Greg Shaw and Kelli Wise recused.
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