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Brooks was sentenced to concurrent life sentences on each count and Shontai Smith was sentenced to two consecutive life sentences. Meigs detention facility, Lee County Youth Development records, employment-application records, and Department of Human Resources records. My goal, number one was to do nothing that would open the door to that other crimes evidence coming in. As a result I totally misread the case.“How do I prevent, or how do I make sure I don't open the door to that stuff coming in? Because if I develop expert testimony, I develop a diagnosis of Corey Smith, the State has the right to develop a counter diagnosis. It totally reflected a unilateral decision by me, not by Mr. Sanjay never returned.“ ‘We left there and walked back to my house. The next [day] he left and I never saw him again.’“Smith's codefendants, Sanjay Brooks and Shontai Smith, Smith's cousins, pleaded guilty to murder and to kidnapping and received life sentences in exchange for their trial testimony against Smith. Counsel was in possession of Smith's records from the community hospital, Community Medical Arts Center, school records, GED records, juvenile court records, records from the Mt. Smith in the penalty phase of the case.“So, did I have a reason for not developing mental health testimony at the penalty phase? It wasn't based on seeing what was out there and developing as best we could potential mental health.The appellant, Corey Schirod Smith, currently an inmate on death row at Holman Correctional Facility, appeals the circuit court's denial of his petition for postconviction relief filed pursuant to Rule 32, Ala. Reginald also testified that on occasion he would hit Smith. Michael Maher, a psychiatrist, testified that he was retained by Smith to conduct a psychiatric evaluation of Smith. Code 1975, the aggravating circumstance that the murder was especially heinous, atrocious, or cruel as compared to other capital murders. Smith's conviction and death sentence were affirmed on direct appeal. The state shall have the burden of pleading any ground of preclusion, but once a ground of preclusion has been pleaded, the petitioner shall have the burden of disproving its existence by a preponderance of the evidence.”When reviewing Smith's claims on direct appeal, we applied the plain-error standard of review and examined every claim whether or not an objection was made in the circuit court. He testified about his father's abuse of their mother and how the children witnessed the abuse. The circuit court correctly denied relief on Smith's claim that his counsel was ineffective at the penalty phase of his capital-murder trial. Smith next argues that his counsel was ineffective for failing to object to the application of § 13A–5–49(8), Ala. Jelma Smith, Smith's stepmother, testified that Smith had a bad stutter when he was growing up and that the other children mocked him.
She testified about the abuse she suffered at the hands of Smith's father.
“[B]efore we can assess the reasonableness of counsel's investigatory efforts, we must first determine the nature and extent of the investigation that took place․” Lewis v. The record of Smith's direct appeal indicates that at the penalty phase of Smith's capital-murder trial counsel presented the testimony of 16 witnesses.
United States, 218 F.3d 1305, 1320 (11th Cir.2000).
He stayed to himself a lot, and he had a speech problem.” (Direct appeal R.
Latrice Smith, Smith's older half-sister, testified that she also helped Smith study for his GED and that he worked hard but did not pass the test. Annie Butler, Smith's aunt, testified that as a child Smith was “very quiet.