Court of Criminal Appeals Denies Aaron Cody Smith’s Petition to Remain Free on Appeal

Aaron Cody Smith (Source: Dale County Sheriff’s Office)

The Alabama Court of Criminal Appeals has denied Aaron Cody Smith’s petition to remain free while his appeal is pending before the Alabama Supreme Court.

The appellate court said Friday that Alabama law does not permit an appellant, in this case to remain free on an appeal bond beyond the Court’s affirmation of his conviction. The court went on to say that Smith does not have clear legal rights to the relief he sought.

In 2019, a jury found Smith guilty of the 2016 shooting death of 58-year-old Gregory Gunn.  Smith is white. Gunn was Black.  Court records show Smith shot and killed Gunn after he fled from a random stop-and-frisk on McElvey Street.

Smith was sentenced to 14 years in prison in January 2020. He has served two months of that sentence before being released on an appeal bond.

In May 2021, the Alabama Court of Criminal Appeals denied Smith’s appeal. In March 2022, a judge revoked Smith’s bond based off that ruling and he was ordered to report to prison within 10 days.

Smith’s case is currently pending before the Alabama Supreme Court. No word on when or if they will take up his case.