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Thread: Corey Schirod Smith - Alabama Death Row

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    Corey Schirod Smith - Alabama Death Row




    Summary of Offense:

    On February 24, 1995, Tallapoosa police discovered the charred body of Kimberly Brooks rolled in a carpet;  the carpet was lying beside a dirt road in Bibb Town. The coroner testified that Brooks had been shot in the head and the stomach and that there was soot in her lungs and trachea;  he testified that she died of the ‘shots to the head [and] the chest and possible asphyxiation and burning.’

    Smith handwrote the following confession for the police:

    “Kim came to the house around 7:30 a.m. Wednesday morning with Labreasha Main. We was talking about getting married later on. My brother Reginald came and Main left. After awhile, Reginald left.

    When my mamma got off work, me and Kim got into an argument about another girl calling me. We went outside. I pulled my gun on her. Sanjay [Brooks] and Shontai [Smith] pulled up. I forced her into the van. I told Sanjay to go to Bibb Town, which he did. And, when we got there, Kim and I got out, continuing arguing.

    I told her I love her, and if I couldn't have her, no one could. She told me she loved me but things weren't the same. I kissed her on the forehead and pushed her off me and shot her in the chest. And then she fell to the ground, and I shot her again toward her head.

    Shontai got out and helped me drag her into the bushes. We left. Sanjay dropped us off into the soft sands. When he returned, we got James Shealey['s] car and got some gas and went back where I left her. When we got there, she was standing up, and she got in the car and sat besides me. I was scared.

    Sanjay rode from Bibb Town to Reeltown looking for a place to set her on fire and bury her. I asked her what would she say if I took her to the hospital. She say, 'I'm going to say Corey shot me.'   We returned back to Bibb Town, and Sanjay drop us off-dropped us off. He told us to go ahead and finish her and he'll be back.

    We put a trash bag over her face until she died. I poured the gas on her, and Shontai lit the lighter. Sanjay never returned.

    We left there and walked back to my house. Shontai spent the night. 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.   Brooks was sentenced to concurrent life sentences on each count and Shontai Smith was sentenced to two consecutive life sentences.

    Smith was sentenced to death on September 14, 1995.

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    Smith's conviction and death sentence were affirmed on direct appeal. See Smith v. State, 797 So. 2d 597 (Ala. Crim. App. 2000), cert. denied, 79 7 So. 2d 549 (Ala.), cert. denied, 534 U.S. 962 (2001). The Alabama Court of Criminal Appeals issued the certificate of judgment making Smith's direct appeal final on May 11, 2001. See Rule 41(a), Ala. R. App. P.

    In June 2002, Smith filed a timely petition for postconviction relief. He filed amended petitions in September 2002 and in July 2005. An evidentiary hearing was conducted in July 2005 at which time the State objected to the second amended petition. The circuit court struck Smith's second amended petition and Smith appealed. The Alabama Court of Criminal Appeals reversed the circuit court's ruling and directed that court to consider Smith's second amended petition. Smith v. State, 961 So. 2d 916 (Ala. Crim. App. 2006).

    In December 2007, the circuit court conducted a second evidentiary hearing and in December 2008 issued a 130-page order denying Smith's second amended petition for postconviction relief. On September 30, 2011, the circuit court's denial was upheld by the Alabama Court of Criminal Appeals.

    http://al.findacase.com/research/wfr...0326.AL.htm/qx

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    On June 21, 2013, Smith filed a habeas petition in Federal District Court.

    http://dockets.justia.com/docket/ala...cv00437/50955/

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