FOR IMMEDIATE RELEASE-PRESS ADVISORY – April 10, 2025
Media Contact: Kathryn Hamoudah 404/688-1202 or [email protected]

What: In 2003, Danyel Smith was convicted of murder following the death of his 2-month-old son, Chandler, based on a theory of “shaken baby syndrome.”  Following advances in science and medicine that today have undermined that diagnosis, Mr. Smith filed an Extraordinary Motion for New Trial in the Gwinnett County Superior Court.  The trial court initially dismissed the motion without a hearing, but in 2022 the Supreme Court of Georgia unanimously reversed.  Shortly after the Georgia Supreme Court’s remand, the prosecution offered Danyel Smith a plea to time-served—a plea that would have undone his life sentence immediately and allowed him to walk free from prison after twenty years. Mr. Smith rejected the offer because he did not want to plead guilty to a crime he did not commit.

This past spring, Mr. Smith presented the testimony of eight expert witnesses in support of his argument that new evidence demonstrates that Chandler’s tragic death was due to medical complications dating back to his premature birth, not abuse. Despite this comprehensive evidentiary presentation, the court signed an order written by the prosecution denying the motion. The Supreme Court of Georgia has granted review to determine whether the order applied an incorrect legal framework.

On Tuesday, theGeorgia Supreme Courtwill hear oral argument from Southern Center (SCHR) Senior Attorney, Mark Loudon-Brown, who will argue that the lower court should be reversed, and that Mr. Smith is entitled to a new trial with modern, reliable medicine.

Who: Danyel Smith, SCHR client

Mark Loudon-Brown, Senior Attorney in SCHR’s Capital Litigation Unit will argue in front of the Georgia Supreme Court.

In addition to Loudon-Brown, attorneys for Mr. Smith include SCHR Staff Attorney Paulina Lucio Maymon, and Christine Koehler of The Koehler Firm.

When: Tuesday, April 15, 2025, 10:00AM—Smith v. The State is third on the calendar

Where: Supreme Court of Georgia; Nathan Deal Judicial Center; 330 Capitol Avenue, S.E., 6th Floor

Oral argument can be streamed at the Supreme Court of Georgia website: Watch Oral Arguments

Why: Danyel Smith is arguing that the trial court failed to apply the appropriate legal framework for deciding his extraordinary motion for a new trial.  The correct legal standard is whether there is a reasonable probability that, in light of Mr. Smith’s new evidence, a juror would have reasonable doubt about his guilt today.  Mr. Smith argues that the answer to that question is yes, because powerful, science-and-medicine-based evidence today demonstrates that Chandler did not die due to abuse, and that Mr. Smith is actually innocent. This new evidence of innocence has never been presented to or considered by a jury.