Miller & Chevalier is pleased to announce the dismissal of charges against our long-time client, Kaleigh Smith, and his release from prison after 13 years of unjust incarceration.
Mr. Smith was convicted in February 2010 for a murder he did not commit, by a jury that did not reach a unanimous verdict. In Louisiana, at that time, juries could convict based on a 10-2 or 11-1 verdict, which the U.S. Supreme Court later found violated the U.S. Constitution's Sixth Amendment guarantee to a fair trial. The Supreme Court subsequently decided not to apply its ruling to past convictions, so its decision did not help our client.
Miller & Chevalier has represented Mr. Smith since June 2008, serving as lead counsel in pre-trial motions, at trial, on a motion for new trial, on direct appeal, and in collateral attack in state court. In the course of the matter the firm explored every possible angle to establish Mr. Smith's innocence.
Last summer, the Innocence Project of New Orleans (IPNO) agreed to formally enter the case, and moved to vacate Mr. Smith's conviction, using Brady information uncovered during Miller & Chevalier's representation and additional evidence of the prosecutor's violations in withholding it. Last month, the District Attorney's office recognized that Mr. Smith had been wrongfully convicted and supported the motion to vacate his conviction, and on June 14, the District Attorney went a step further and moved to dismiss the charges. As a result, Mr. Smith's exoneration is complete: he was released from prison and is finally home after 13 and a half years of wrongful incarceration. (Mr. Smith is pictured here outside the gates of Angola State Prison after his exoneration.)
Kaleigh Smith's representation was led by Miller & Chevalier Member Mark Rochon, who was assisted by former Miller & Chevalier attorneys Amelia Hairston-Porter and Erik Nielsen, Legal Assistant Manager Sara El Hashem, and many other members of the Miller & Chevalier family.
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