Commonwealth v. Smith

Syllabus

02/29/2024 In an appeal from convictions for statutory rape and object sexual penetration of a child under the age of thirteen, the circuit court did not abuse its discretion in the manner in which it addressed the defendant's multiple requests for expert assistance and, accordingly, the judgment of the Court of Appeals on those issues is reversed. The Court of Appeals' refusal to dismiss the indictment on the basis of inadvertently recorded video conferences between defendant and his counsel is affirmed, because the record establishes that defendant suffered no prejudice. Finally, it is concluded that the defendant's mandatory life sentence for the rape of a young child does not infringe the prohibition on cruel or unusual punishment under the Eighth Amendment. The judgment is reversed in part and affirmed in part. Final judgment is entered on this appeal.