A judge will hold a hearing June 11 on a request by Richland County prosecutors to resentence a former home day care operator who received no jail time after admitting to seriously injuring an infant, the 5th Circuit Solicitor’s Office said Thursday.
It was not clear, however, whether Circuit Judge J.C. “Buddy” Nicholson granted the prosecution motion to reconsider the probation-only sentence issued to Talisha Lavette Smith.
At an April 28 hearing, Nicholson told lawyers on both sides to submit witness affidavits to help him make his decision.
The Anderson judge was appointed to replace Circuit Judge Kenneth Goode, who announced last month he was withdrawing from the case after he created a firestorm of controversy over his Dec. 8 sentencing of Smith.
Smith, who operated a home day care in the Summit neighborhood, admitted to slapping then-7-month-old Kendra Gaddie so hard in March 2008 that it caused bleeding on her brain.
Smith pleaded guilty to inflicting great bodily injury on a child, a felony that carries a maximum 20-year sentence but no minimum. Goode sentenced Smith to five years’ probation.