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SMITH v. STATE

S22A1051.

882 S.E.2d 300 (2022)

SMITH v. The STATE.

Supreme Court of Georgia.

Decided: December 20, 2022.

Attorney(s) appearing for the Case

Mark Aaron Loudon-Brown , Whitney Knox Lee , Southern Center for Human Rights, 83 Poplar Street NW, Atlanta, Georgia 30303, for Appellant.

Christopher Mark DeNeve , A.D.A., Patsy A. Austin-Gatson , District Attorney, Gwinnett County District Attorney's Office, 75 Langley Drive, Lawrenceville, Georgia 30046, Brenda Lopez Romero , A.D.A., PO Box 886, Norcross, Georgia 30091, Christopher M. Carr , Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Patricia B. Attaway Burton , Deputy Attorney General, Department of Law, 40 Capitol Square, S.W., Atlanta, Georgia 30334, for Appellee.

Nineteen years ago, Danyel Smith was convicted of the murder of his infant son based on a theory of "shaken baby syndrome" (SBS). Smith now argues that the science regarding diagnosis of brain injuries in infants has changed so much since his trial that he is entitled to a new trial based on a new expert affidavit ruling...

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