Smith was convicted in early 2020 of manslaughter for the on-duty shooting death of Gregory Gunn in 2016.
quashed Smith’s latest appeal efforts, with Justice Jay Mitchell writing in his concurring opinion that “Smith has failed to preserve any viable legal theories for our review.”
Mitchell’s opinion noted that the Court isn’t in a position to conduct a full review of the trial record but said if the facts as stated by the Court of Criminal Appeals are true and “largely undisputed,” then it is difficult to understand how a reasonable, properly instructed jury could have convicted Smith.”
“Yet the record, as described...does not seem to indicate -- let alone establish beyond reasonable doubt -- that Smith’s specific intent was to kill Gunn rather than to disable Gunn’s attack,” Mitchell continued. “If anything, the facts recited by the Court of Criminal Appeals strongly suggest the opposite conclusion.”
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