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SMITH v. STATE

No. 1999-DR-01394-SCT.

877 So.2d 369 (2004)

Clyde Wendell SMITH v. STATE of Mississippi.

Supreme Court of Mississippi.

Rehearing Denied July 29, 2004.

Attorney(s) appearing for the Case

Clyde Wendell Smith, appellant, pro se.

Alan M. Freedman, C. Jackson Williams, Office of Capital Post-Conviction Counsel by Robert M. Ryan, William J. Clayton, Louwlynn Vanzetta Williams, attorneys for appellant.

Office of the Attorney General by Marvin L. White, Jr., Jeffrey A. Klingfuss, attorneys for appellee.

EN BANC.

COBB, Presiding Justice, for the Court.

¶ 1. Clyde Wendell Smith (hereafter Smith) was convicted of the capital murder of Johnny B. Smith in the Leflore County Circuit Court in 1993. Prior to that trial, Smith was allowed by the trial court to override the advice of his counsel,1 and the trial court rescinded its earlier order of severance, thus allowing Smith and his brother, Jerome, to be tried jointly, in both the guilt phase and...

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