OKTIBBEHA COUNTY — A Mississippi woman’s conviction for aggravated assault has been upheld after she argued that testimony from two of the victim’s treating doctors was improper.
Sapireya Smith was convicted for hitting Denise Neely in the head with a frying pan during a fight at Smith’s apartment on Aug. 17, 2021. Neely sustained serious injuries, including a facial fracture, 15 stitches, and subsequent surgery.
Smith claimed at trial that Neely started the fight and that she only threw the pan. Her lawyer argued self-defense, pointing to Neely’s size and the escalating confrontation.
On appeal, Smith argued that the testimony of two physicians who treated Neely at the hospital was improper because they offered opinions on the severity of her injuries and potential complications. She also claimed her attorney was ineffective for not objecting.
The Mississippi Court of Appeals found no reversible error. The court said the testimony largely reflected the doctors’ direct observations and treatment, and any minor overreach did not affect the outcome. The court also said Smith’s attorney’s decisions fell within trial strategy and did not constitute ineffective assistance.
Smith’s 10-year sentence was affirmed.
