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2010 - March 1 - Circuit Judge Lee Alford ruled that uncontroverted evidence exists that Susan
Smith knowingly and voluntarily waived her right to a direct appeal and” signed a
sworn statement waiving her right to appeal in 1996.
Judge Alford rejected the appeal on grounds of statute of limitations and
dismissed her alleged Fifth Amendment violation.
Alford ruled that the court would dismiss her application unless provided with
specific reasons why she waited 13 years to appeal, and why her appeal
should not be dismissed. Smith has 20 days to respond.
In Susan Smith's handwritten appeal that she filed, Smith claimed her trial attorneys
failed to properly defend her, they did not bring up abuse - battered women's syndrome,
Smith did not provide details of that allegation; Smith claimed she wasn’t allowed to appeal; Smith levied allegations of prosecutorial misconduct; Smith claimed her "Amanda Rights" were violated, (Miranda Rights); that she had right to have a lawyer present when police questioned her but did
not have one.
Investigators and the Prosecutor said an investigation did not find any wrongdoing or abuse by her ex-husband, David Smith.