Las Vegas Sun

November 14, 2009

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Supreme Court upholds murderer’s conviction

Monday, Nov. 24, 2003 | 8:43 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court has upheld the second-degree murder conviction of Edward Lee Smith, sentenced to life in prison in the stabbing death of Martinique Tillman in Las Vegas in May 2001.

Tillman, 21, suffered eight knife wounds. Smith maintained the stabbing was in self-defense.

Smith, in his appeal, said his conviction should be voided because his right to a speedy trial was violated by a 125-day period between the arraignment and the beginning of the jury trial.

A district judge may dismiss a criminal charge against a defendant if he or she is not brought to trial within 60 days, but the court said Friday that judges can allow for more time.

In this case the prosecution was given time to find a past victim. The trial was delayed also because the judge was away from Clark County. The trial then had to be re-set because the judge was in the middle of another trial.

The court said there was no evidence that Smith, now 37, suffered any prejudice from the delay.

"There is no indication that he (Smith) suffered any additional public scorn, deprivation of employment, or curtailment of his speech and associations due to a delay in the trial beyond that associated with his conviction."

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