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148305 - People v Smith (Feronda)

The People of the State of Michigan,
Vikki Bayeh Haley
(Appeal from Ct of Appeals)
(Genesee – Farah, J.)
Feronda Montre Smith,
Valerie R. Newman


Defendant Feronda Montre Smith was convicted by a jury of armed robbery and first-degree felony murder. The jury acquitted him of carrying a concealed weapon, felon in possession of a firearm and possession of a firearm during the commission of a felony. The trial court sentenced Smith as an habitual offender, fourth offense to the mandatory term of life imprisonment for murder and to 250 months’ to 35 years’ imprisonment for armed robbery.
Smith appealed to the Court of Appeals. On appeal, Smith argued that he was deprived of his right to a fair trial because the prosecutor knowingly presented perjured testimony.  A defendant’s due process rights are violated if a conviction is based on the knowing use of perjured testimony, and prosecutors are obligated to correct any such perjury. Smith also argued that he was denied his constitutional right to a speedy trial where there was a 41-month delay between his arrest and the beginning of trial.  The Court of Appeals rejected these claims, and affirmed Smith’s convictions in an unpublished opinion. 
Smith appealed. In an order dated June 20, 2014, the Supreme Court granted leave to appeal the October 29, 2013 judgment of the Court of Appeals, limited to the issues: (1) whether Smith was deprived of his constitutional right to a speedy trial; and (2) whether Smith was deprived of his due process right to a fair trial through the presentation of perjured testimony.