Amicus Brief: Danyel Smith
Danyel Smith v. The State of Georgia
Filing Date
April 25, 2022
Charge
Murder
Jurisdiction
Supreme Court of Georgia
Partners
Innocence Network, Southern Center for Human Rights
Summary
Kate Judson of CIFS and various other legal scholars filed this amicus brief in the Supreme Court of Georgia in Danyel Smith’s case to urge the court to grant a discretionary appeal. This case satisfies the standards of Supreme Court Rule 34 given that (1) the trial court committed reversible error by failing to grant Mr. Smith an evidentiary hearing; and (2) the bench and bar would benefit from additional precedent clarifying that changes in scientific or medical consensus warrants a new trial under Timberlake.
PRELIMINARY STATEMENT
In the twenty years since Danyel Smith was convicted, the science surrounding Shaken Baby Syndrome (“SBS”; sometimes called Shaken Baby Syndrome/Abusive Head Trauma, or “SBS/AHT”) has changed. New medical and technical developments have confirmed that the “triad” of findings formerly thought to be unique to SBS, is not a reliable indicator of SBS in children, but instead may be indicative of other causes unrelated to child abuse. Today, the medical community acknowledges that the diagnostic approach to SBS is different than it was in 2003 and that, applying today’s diagnostic approach to the constellation of symptoms reflected in Mr. Smith’s child’s medical chart reveals Mr. Smith’s child died from natural causes, not SBS. Because the scientific landscape has changed in the 20 years since his conviction, Mr. Smith is entitled to a hearing to present this new evidence, which was not available when Mr. Smith was convicted in 2003.