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State v. Smith (20)

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Date: 
Tuesday, April 3, 2012

S-10-1232, State v. Darrin Smith (Appellant)

Douglas County, Judge Peter C. Bataillon

Attorneys: Peder Bartling (Appellant) --- Stacy M. Foust (Attorney General’s Office)

Criminal: Count I: First degree murder; Count II: Use of a deadly weapon to commit a felony; Count III: Second degree assault; Count IV: Use of a deadly weapon to commit a felony; Count V: Second degree assault; Count VI: Use of a deadly weapon to commit a felony; Count VII: Second degree assault; Count VIII: Use of a deadly weapon to commit a felony; Count IX: Second degree assault; Count X: Use of a deadly weapon to commit a felony

Proceedings below: A jury found Appellant guilty of all the charges. He was sentenced as follows: Count I: Life in prison; Count II: 40-50 years; Counts III, V, VII, and IX: 4 to 5 years each; Counts IV, VI, VIII, and X: 10 to 20 years each. Each sentence was ordered to be served consecutively to each other. Credit was given for time served.

Issues: The district court erred in (1) failing to sever Smith’s trial from that of his co-defendant; (2) allowing the State to introduce evidence that Smith (a) allegedly was a member of a street gang; and (b) engaged in prior bad acts without holding a Rule 404(3) hearing; (3) allowing the State to (a) introduce inadmissible excited utterance testimony that (b) violated Smith’s right to confront his accusers; (4) failing to sustain Smith’s motion to suppress statements to law enforcement; (5) failing to sustain Smith’s motions for mistrial; (6) allowing the State to introduce unfairly prejudicial autopsy photograph into evidence; (7) finding sufficient evidence to support the verdicts. He also alleges that the accumulation of errors are such that if any one error does not require reversal, the aggregation of errors requires reversal and remand for new trial.

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