Smith v. State

Summary

The Supreme Court of Georgia affirmed Smith’s felony-murder conviction and life sentence. It held that the indictment properly charged one felony-murder offense by alleging alternative predicate felonies, and that trial counsel was not ineffective for failing to pursue meritless or legally unestablished arguments concerning jury unanimity, indictment sufficiency, or statutory speedy trial. The court concluded that Smith’s speedy-trial demand did not require dismissal because his plea in bar prevented trial during part of the relevant period, the appellate proceedings tolled the demand clock, and he was retried within the time allowed after remittitur.