Cody Smith loses petition to remain free during appeal

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Cody Smith loses petition to remain free during appeal
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Ex-Montgomery officer Aaron Cody Smith loses petition to remain free during appeal

MONTGOMERY, Ala. - The Alabama Court of Criminal Appeals has denied former Montgomery police officer Aaron Cody Smith’s petition to remain out of prison while his appeal is pending before the Alabama Supreme Court.

Smith fatally shot Gregory Gunn during a field interview on Montgomery’s McElvey Street on Feb. 25, 2016. He was initially charged with murder but convicted of manslaughter in 2019.On Friday, the Alabama Court of Criminal Appeals denied Smith’s petition, saying that he can’t remain free on an appeal bond beyond the court’s affirmation of his conviction, meaning he does not have a clear legal right to the relief he seeks.

In early March, a judge revoked Smith’s bond and he was required to report to the Montgomery County Detention Center within 10 days to start serving his sentence.

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