People v. Smith

I.

INTRODUCTION

Defendants Kiesha Renee Smith and Michael Mitchell appeal from their judgments of conviction for the murder of Josephine Kelley. We are compelled to reverse both defendants' convictions due to prejudicial error in the joint trial before separate juries.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual background

1. General background

Josephine Kelley was 90 years old in 2005. She lived with her daughter Susan Hassett, son-in-law Dennis Hassett, and grandson Derrick Hassett.

Derrick was unemployed and lived with his parents. Derrick sold drugs and often accepted electronic gadgets as payment in exchange for drugs. Sherry Beck used drugs, including marijuana and methamphetamine, and was a customer of Derrick's. She would sometimes pay him money for the drugs, but other times would trade items, such as "cell phones, DVD players, different things," for drugs. Beck occasionally used methamphetamine with Derrick.

Beck spent time with other people who used drugs and stole things, as well. Beck would sometimes pawn stolen items at pawn shops for other people. Beck had been convicted of burglarizing her mother's home.

Beck knew Smith because they lived in…