On November 9, 2010, Daily Report, Fulton County Georgia’s “leading source for legal news and information” published an article entitled, “Convictions upheld despite closing argument ‘antics’ – In 5-2 decision, majority ‘frowns upon’ prosecutor’s display of birthday cake, song for dead child”. The article discusses the original trial and the recent Georgia Supreme Court majority and dissenting opinions concerning the Smith’s recent appeal.
The article referenced Chief Justice Carol W. Hunstein’s dissenting opinion with the following quotes:
“It is not enough to ‘frown on’ behavior that undermines the very foundation of the criminal proceedings,” wrote Hunstein. “We have to stop it. And the only effective means of stopping it is to punish this behavior in the strongest possible manner. The only thing that gets attention is reversal.”
and…
Hunstein wrote, “this prosecutor embarrassed every member of our profession with her behavior” and “did not concern herself with appellants’ right to a fair trial” but “cared only to win at any cost without regard to how unfair, how undignified, how disrespectful her actions were.”