Smith v. State

The Supreme Court denied Petitioner’s pro se sixth petition to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis. In his petition, Petitioner argued that his rights under Miranda v. Arizona, 384 U.S. 436 (1966), were violated, that the bench-arrest warrant was invalid because it was not signed by a judge, and that trial counsel was ineffective. The Supreme Court denied the petition, holding (1) regarding the Miranda issue, Petitioner failed to demonstrate that the writ should issue because he failed to establish an error of fact extrinsic to the record that could not have been raised in the trial court; (2) Petitioner’s bench-arrest warrant argument violated the abuse-of-the-writ doctrine; and (3) Petitioner’s ineffective assistance of counsel claim was not grounds for the writ. View "Smith v. State" on Justia Law

Posted in: Criminal Law

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