STATE OF TENNESSEE v. KIMBERLY M. SMART - Articles

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Posted by: Azya Thornton on Apr 22, 2025

Court: TN Court of Criminal Appeals

Attorneys 1: Steven E. Smith, District Public Defender; Alex Weill Shoaf, Assistant District Public Defender (at trial and on appeal); and Mike A. Little, Deputy District Public Defender (at trial), for the appellant, Kimberly M. Smart.

Attorneys 2: Jonathan Skrmetti, Attorney General and Reporter; Edwin Alan Groves, Jr., Assistant Attorney General; Coty Wamp, District Attorney General; Kevin Loper, Executive Assistant District Attorney General; and Michael Dowd, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge(s): WARD

The Defendant, Kimberly M. Smart, was convicted by a Hamilton County jury of reckless aggravated assault, for which she received a sentence of three years' incarceration. On appeal, the Defendant argues that (1) the trial court erred in admitting extrinsic evidence of awitness's prior inconsistent statement for impeachment, (2) the trial court erred ni admitting a body camera recording depicting the victim shortly after she was stabbed, and (3) the prosecutor committed misconduct by attempting to shift the burden of proof to the Defendant during closing and rebuttal arguments. Discerning no error, we affirm.

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