Cardell Hayes' Attorney Requests New Trial in Will Smith Manslaughter Case

The attorney for Cardell Hayes, who was convicted of manslaughter and attempted manslaughter in 2017 for the death of former NFL defensive end Will Smith, has requested a new trial for his client. 

Per the Associated Press, attorney Eric Santana filed the request in light of a recent decision by the United States Supreme Court that declared split verdicts unconstitutional in state criminal cases. 

In the Supreme Court ruling, Louisiana and Oregon were the only two states in the continental United States that allowed convictions without a unanimous jury vote.

Per John Simerman of The Times-Picayune, the Louisiana Supreme Court denied Hayes' appeal of his sentence last month.

Ken Daley, a spokesman for Orleans Parish District Attorney Leon Cannizzaro, told Simerman that "Hayes' direct appeals clearly were exhausted…and his conviction should remain undisturbed" by the Supreme Court decision. 

In April 2016, a Hummer hit Smith's vehicle from behind, causing it to ram cars in front of him. Smith and Hayes were having a verbal exchange when Hayes pulled out a gun and fired. 

Smith was killed, and his wife, Racquel, was taken to the hospital after being wounded. 

In December 2016, an Orleans Parish jury found Hayes guilty of manslaughter and attempted manslaughter by a 10-2 vote on both counts. He was sentenced to 25 years in prison for manslaughter and 15 for attempted manslaughter, with the sentences being served concurrently. 

Smith played nine seasons in the NFL with the New Orleans Saints from 2004 to 2012. He was part of the team's Super Bowl victory in 2009.