State v. Smith

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State v. Smith

Case Number
S-18-0178
Call Date
October 31, 2018
Court Number
Harlan
Case Location
Lincoln
Case Summary

S-18-0178, State v. Jeffery S. Smith (Appellant)

Harlan County District Court, Judge Terri S. Harder

Attorneys: Austin N. Relph (Attorney General’s Office) (Appellee) --- D. Brandon Brinegar (Ross, Schroeder & George, L.L.C.) (Appellant)

Criminal: First Degree Sexual Assault of a Child; Child Abuse

Proceedings below: Following a bench trial in which Appellant’s motion to dismiss was overruled, the trial court found Appellant guilty. Appellant was sentenced to 20 to 30 years’ imprisonment on the sexual assault conviction and 2 to 3 years’ imprisonment for the child abuse conviction, to be served concurrently.

Issues: Whether the trial court erred in 1) hearing testimony of the alleged victim outside the presence of the Appellant, infringing on Appellant’s constitutional right to confront his accuser; 2) overruling the Appellant’s motion to dismiss at the close of the state’s case in chief; and 3) imposing an excessive sentence. Further, whether there was insufficient evidence to convict Appellant of the crimes of sexual assault of a child and child abuse and whether the Appellant received ineffective assistance of counsel.