MIANA SMITH TRIAL

MIANA SMITH TRIAL

In the second motion, petitioner requested that the guilt and mercy phases of the trial be bifurcated. Accordingly, the circuit court denied the motion for a change of venue with the caveat that if a jury could not be seated after bringing in a large number of potential jurors, then it would consider other options. Contradicting petitioner's argument for a change of venue, petitioner's expert witness concluded that a jury could be properly selected if a large enough panel of potential jurors (100 to 200) were brought in for jury selection. First, petitioner sought a change of venue from Berkeley County. Two pretrial motions are relevant for the purposes of this appeal. Petitioner fled the house, but was apprehended outside. Stewart managed to escape to a neighbor's house. When petitioner left the basement to continue the robbery, Ms. Petitioner then strangled Miana, killing her. Stewart arrived at the home shortly thereafter, and petitioner beat her with a baseball bat and tied her up in the basement next to Miana. Petitioner accosted Miana and tied her up in the basement. Stewart's fourteen year old daughter, Miana, returned from school. Petitioner was accused of breaking into the home of Mary Stewart. In 2006, petitioner was indicted on the following charges: daytime burglary possession of a stolen vehicle felony murder malicious wounding attempted murder first degree robbery and fleeing an officer on foot. For these reasons, a memorandum decision affirming the circuit court's order is appropriate under Rule 21 of the Rules of Appellate Procedure.

Upon consideration of the standard of review, the briefs, and the record presented, the Court finds no substantial question of law and no prejudicial error. The facts and legal arguments are adequately presented, and the decisional process would not be significantly aided by oral argument. This Court has considered the parties' briefs and the record on appeal. Respondent David Ballard, Warden, Mount Olive Correctional Complex, by counsel Benjamin M. Crawley-Woods, appeals the Circuit Court of Berkeley County's 'Final Order Partially Granting the Amended Petition for Habeas Corpus as to Counts Five and Seven of the Indictment, and Denying the Remainder of the Amended and Supplemental Petition' entered on July 11, 2016. Petitioner Roger Dwayne Smith, by counsel Ben J. Roger Dwayne Smith, Petitioner Below, Petitionerĭavid Ballard, Warden, Mount Olive Correctional Complex, Respondent Below, Respondent

Miana smith