Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Smith v. State

Trial counsel's failure to object to the evidence of an accomplice's guilty plea was a matter of tactics and strategy.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

A jury found Akeem Smith guilty of four counts of aggravated assault with a handgun and three counts of robbery by intimidation. The trial court entered judgments of conviction, imposed concurrent 20-year sentences for the robberies and one of the aggravated assault counts, and merged the remaining counts into the robberies. After the denial of a motion for new trial, Smith appeals. 1. Construed most strongly in support of the verdicts, the evidence shows that Smith and two accomplices were in Smith’s car when they stopped and approached four men. Smith and his accomplices pointed a gun at the men, demanded their money and began searching their wallets and pockets. As the incident was taking place, a police officer passing by in his patrol car stopped and called for backup officers. Smith fled on foot, but his accomplices were arrested at the scene. Smith was apprehended a short time later on a nearby street.1 The evidence was sufficient to authorize a rational trier of fact to find Smith guilty of the crimes of which he was convicted.2

2. Smith contends that the trial court erred in admitting evidence of co-indictee Theron Poe’s guilty plea and in allowing the state to make an improper closing argument based on the plea. However, as Smith acknowledges in his brief, he did not raise such objections at trial. Accordingly, he failed to preserve either issue for appellate review.3 Moreover, “in Smith’s own closing, his attorney also referenced Poe’s guilty plea, arguing that it and Poe’s failure to testify should be viewed to exonerate Smith. Such acquiescence cannot serve as grounds for reversal. Cit.”4

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
Bankruptcy Attorney - New York Metropolitan Area Lawyers

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
ASSOCIATE ATTORNEYS

McManimon, Scotland & Baumann, LLC is seeking talented and motivated Associate Attorneys with 3-7 years of experience working closely wi...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements