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| Appeal Denied In Child Death Case |
| By thesunnews.com |
| Published: 02/02/2011 |
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The state’s Court of Appeals affirmed a Circuit Court judge’s decision to admit evidence in a Myrtle Beach man’s 2008 trial on charges related to the death of his 4-month-old daughter. Justices released their opinion Monday in the case of Wesley Smith, who was convicted in April 2008 and sentenced to 20 years in prison for aiding and abetting Ebony Smith’s death. The 30-year-old had faced a charge of homicide by child abuse, and during the trial denied hurting his daughter four years earlier. In their ruling, the Court of Appeals justices wrote that Circuit Court Judge Edward Cottingham “acted within his discretion in admitting evidence of Ebony’s broken femur and did not err in allowing the state to proceed under the aiding and abetting section of the homicide by child abuse statute. Regarding the other issues, Smith’s claim that the trial judge erred in excluding evidence of bias fails because the judge did not exclude the evidence. Smith’s argument that the judge erred in excluding evidence of his borderline intelligence is not preserved for our review.” Read More. |
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