High court orders look at appeal

Friday, March 29, 2002 | 9:22 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court Thursday ordered a hearing for convicted killer Joseph M. Smith to determine if his attorney refused to file an appeal.

The court directed Clark County District Judge John McGroarty to hold a hearing on whether Smith's lawyer failed to follow through on a request by Smith to file an appeal.

The court overturned the decision of McGroarty not to hold an evidentiary hearing on Smith's claim.

Smith was convicted in 1999 of the fatal stabbing of his wife, Trivia Smith, and the wounding of his 10-year-old stepdaughter.

Smith pleaded guilty to first-degree murder and two counts of child abuse and neglect. He was sentenced to life in prison with the possibility of parole and 5-20 years on each of the child abuse charges. The terms run consecutively.

The court said Smith did not waive his right to appeal just because he pleaded guilty.

In another case, the court affirmed two counts of first-degree murder for Jonathan Daniels, convicted in 1995 in the fatal shooting of two clerks during a convenience store robbery in Clark County. He was sentenced to life in prison without possibility of parole.