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Smith v. State

The state's failure to contact the defendant's mother at his request did not render his custodial statements involuntary since the defendant was of the age of majority when he fatally shot his brother.

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Cornelious Donte Smith was convicted by a jury of malice murder, felony murder, and possession of a firearm during the commission of a crime in connection with the shooting death of his brother, William Holmes.1 On appeal, Smith challenges the admissibility of his custodial statements, the denial of his motion to suppress evidence seized during a search of his residence, as well as certain evidentiary rulings by the trial court. Finding no error, we affirm.

Viewed in a light most favorable to the verdict, the evidence shows that Smith accused Holmes of stealing marijuana from his bedroom, and an argument ensued between the two brothers. Later in the day, Smith told his friend, Alexus Holton, that he wanted to confront Holmes about taking his “stuff.” While smoking marijuana, Smith and Holton drove around the area in search of Holmes. They eventually encountered Holmes driving his truck and both vehicles pulled off the road. Smith exited his car and approached Holmes. Holmes got out of his truck and the two brothers argued and began pushing each other. Holmes returned to his truck and began to pull the door closed as he told Smith to leave. At that point, Smith produced a cocked handgun from his pocket. Holton observed Smith use the gun to pistol-whip Holmes about his face. Smith then fired a single fatal shot into the victim’s chest at close range, whereupon he returned to his car and directed Holton to drive away from the scene. The two stopped at a bridge where Smith tossed the weapon away. Smith contended that the shooting occurred accidentally when Holmes grabbed his arm in an effort to get the gun.

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