Smith v. State
319 Ga. App. 164
Ga. Ct. App.2012Background
- After a jury trial, Nicole Smith was convicted of two counts of first degree homicide by vehicle, one count of forgery, one count of reckless driving, and one count of giving a false name.
- Smith borrowed her sister Falisha Scott’s Ford Trailblazer without permission and drove at high speed on I-285, causing a multi-vehicle collision that killed Daniel and injured Sanders.
- SDM data showed Smith accelerated from 87 mph to 91 mph in the last five seconds before impact with no braking.
- Witnesses corroborated that Smith’s vehicle was the speeding cause of the crash; Smith did not testify, but an accident reconstruction expert testified for the defense.
- Police and investigators established that Smith used Scott’s name and vehicle during the incident, supporting forgery and false-name charges.
- Smith challenged evidentiary rulings, jury instructions, and the trial court’s handling of impeachment, cross-examination, and other trial issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to sustain convictions | Smith argues insufficient evidence to prove guilt on all counts | State asserts substantial proof from speed, impact, and corroborating witnesses | Evidence sufficient for all charges |
| Impeachment of witness with prior convictions | Lottie’s 1995 drug conviction and 1998 drug conviction should be admissible for impeachment | Time limits and prejudicial effect render convictions inadmissible | No reversible error; admissibility proper; error, if any, harmless |
| Cross-examination of witness about pending charges | Limit on cross-examining Lottie about Indiana drug charge biased the defense | Cross-examination curtailed; no prejudice given corroborating evidence | Harmless error; no harm to Smith’s defense |
| Admission of victim’s injuries testimony and photograph | Photographs of Sanders’ injuries were irrelevant or prejudicial | Photos and testimony were relevant to causation and death from the collision | Admission not reversible error; relevant and probative |
| Strict liability instruction and accident charge | Strict liability instruction inappropriate without mental fault proof; request for accident charge denied | Speeding supports reckless-driving charge, satisfying strict liability requirements | No error; strict liability instruction supported by evidence; accident charge effectively given |
Key Cases Cited
- Smith v. State, 284 Ga. 599 (Ga. 2008) (constitutional error harmless when the record as a whole shows harmless beyond a reasonable doubt; witness credibility considerations)
- Carter v. State, 303 Ga. App. 142 (Ga. App. 2010) (trial court may admit balancing findings on admissibility; evidence issues on new trial)
- Ogilvie v. State, 292 Ga. 6 (Ga. 2012) (strict liability traffic offenses; mens rea not required for general proof of act)
- Fraser v. State, 263 Ga. App. 764 (Ga. App. 2003) (curative instructions and harmless error analysis in cross-examination)
- Crowder v. State, 305 Ga. App. 647 (Ga. App. 2010) (prejudicial effect of victim’s prior conviction; impeachment limitations)