Donald Smith returns to court Tuesday for status conference hearing in appeal case for new trial

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The man convicted of killing Cherish Perrywinkle in 2013 will be back in court Tuesday for a status conference hearing for a 78-page appeal filed by his lawyers in April.

Investigators found that Smith abducted Perrywinkle at a Northside Walmart. Investigators found that Smith abducted Perrywinkle at a Northside Walmart.

Some of those claims said his former lawyers failed to remove a biased juror. The appeal also claims those lawyers failed to object to a 911 call and “digitally altered photographs.”“The job of the new defense attorneys is to poke holes in the work that the former defense attorneys did and try to show that it was so poorly done, that it negatively affected Mr. Smith, and he deserves to have another day in court,” Plata said.

“I think it’s left to be seen which issue we’re going to address and whether he gets a complete do-over or if it’s only going to be as it relates to the death penalty itself,” Plata said.

 

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