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Smith v. State

The evidence supported the defendant's convictions arising out of the fatal shooting of his wife and the non-fatal shooting of his brother.

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Following a jury trial, Ricky Smith was found guilty of malice murder, aggravated assault, and various other offenses in connection with the shooting of Steven Smith and the shooting death of Tajuana Stroud.1 On appeal Smith contends, among other things, that the trial court erred by failing to grant him a timely trial and that his trial counsel was ineffective. We affirm.

1. Viewed in the light most favorable to the jury’s verdict, the evidence reveals that, on November 8, 2009, Smith, a convicted felon, got into an argument with his brother, Steven, at the house that Smith lived in with his mother. Steven then went to the home of Smith’s wife, Stroud, informing her that Smith was having an affair. Stroud drove from her home with her son, Ricky Smith, Jr., to the home where Smith was staying to talk with him about the accusation that he was having an affair. Stroud began speaking with Smith outside of the home, and Steven returned to the mother’s home at some point during the course of that conversation. Steven yelled out to his brother that he should tell his wife the truth about the affair. Smith then pulled out a gun and shot Steven in the shoulder, but Steven was able to flee the scene and survive. Stroud attempted to run away, but was unable to get away from Smith before he turned the gun on her. Stroud asked Smith if he was going to kill her in front of their son, and Smith pulled the trigger, but the gun did not fire. Smith then adjusted the gun and shot Stroud five times, killing her.

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