Smith v. Banks, 134 So. 3d 715

Smith was arrested on April 29, 2012, charged with capital murder and two conspiracy counts.
Indictments framed the capital murder as Byrd’s death tied to a burglary-for-subterfuge of attorney Abraham’s office.
Trial court denied bail on capital murder and conspiracy charges; granted bail on one conspiracy charge.
Smith petitioned for habeas corpus in September 2012 arguing the capital-murder charge was invalid; sought bail relief.
A habeas hearing occurred October 9, 2012 after a grand jury indicted Smith on all charges.
Trial court denied the petition; Smith appealed arguing evidentiary and document-attachment flaws; Mississippi Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court erred by denying evidence at habeas hearing	Smith entitled to present evidence supporting bail claim	Habeas court could deny without trial; evidence not properly proffered	Trial court erred in denying evidence, but relief denied on merits
Whether the court relied on documents not entered into evidence	Ruling based on unauthenticated materials	Indictment bars relief; evidence moot	Issue deemed moot; affirm based on merit ruling

Keller v. Romero, 303 So.2d 481 (Miss. 1974) (habeas scope; cannot discharge for capital murder; focus on bail)
Street v. State, 43 Miss. 1 (Miss. 1870) (habeas court cannot discharge criminal charge; bail focus)
Russell v. Crumpton, 44 So.2d 527 (Miss. 1950) (prima facie legality of detention; burden on movant)
Gartrell v. Gartrell, 936 So.2d 915 (Miss. 2006) (judgment on merits; mootness where no benefit to petitioner)
Lee v. Hudson, 165 Miss. 756 (Miss. 1932) (standard of review for habeas corpus)
Parker v. Tullos, 116 So. 531 (Miss. 1928) (judgment review standard for habeas context)