Smith’s defense asks Court of Appeals for discretionary review

Steven Meshbesher, defense counsel for Byron David Smith, filed a petition Dec. 5, for a discretionary review by the Minnesota Court of Appeals. Smith’s defense is asking that the Court of Appeals review the Nov. 22, 2013, denial to dismiss first-degree murder charges in the case.

Smith was charged with second degree murder following the shooting deaths of Haile Kifer and Nick Brady, who allegedly broke into his Little Falls home Nov. 22, 2012.

In April, a grand jury indicted Smith on two counts of first-degree premeditated murder in the shooting deaths.

A hearing in Morrison County District Court has been scheduled for Friday, Dec. 13, at 11 a.m., to determine whether further proceedings be stayed pending a decision by the State Court of Appeals.

The case is being prosecuted by Morrison County Special Assistant Attorneys Peter J. Orput and Brent Wartner, both of the Washington County Attorney’s Office.

Meshbesher is being assisted by Attorney Adam Johnson.