The 78-year-old was taken into custody Thursday morning after the ruling was handed down.
"He's going straight to his cell. He's got approximately nine months he needs to serve here at the sheriff's office," said Rutherford County Sheriff Robert Arnold.In May 2010, a Rutherford County jury convicted Smith of two counts of fabricating evidence and six counts of making a false report in connection to his wife Marcie's disappearance in December 2007. However, he did not immediately report for his one-year sentence as he waited for appeals in his case to be heard.
In a unanimous decision issued Thursday, the state Supreme Court dismissed four of the six counts of making a false report against Smith, but upheld two of them along with the two counts of fabricating evidence. They also upheld the sentence of one year in jail and six years of probation.
After Marcie disappeared, police discovered video of a man parking her SUV in a Walmart parking lot, and then riding away on a bike. Police believed the man on the video is Smith, and he reported her missing after that.
The trial court later dismissed Smith’s convictions for fabricating evidence, but the Court of Criminal Appeals reinstated those on appeal. However, the Appellate Court dismissed two of the six convictions for making a false report.
Both Smith and the state appealed to the Tennessee Supreme Court, who heard the case in October 2013.
In Thursday’s ruling, the High court said that the four counts of making a false report that were dismissed were redundant and violated the double jeopardy clause of the U.S. and Tennessee Constitutions. The court also said they upheld the fabricating evidence convictions because it was determined that he knew an investigation was impending when he parked his wife’s SUV in the parking lot with plans to later report her disappearance.
Police have long considered the Smith the prime suspect in Marcie's disappearance, but without a body they were never able to charge him with murder.
"Shallow as it is there is satisfaction that he's being held accountable for what he did, but at the same time we believe he knows more than he's told us," said prosecutor Trevor Lynch.Past Stories:
- Nov. 22, 2013: Palmer Smith's Son Speaks Out On Mystery Of Missing Mother
- Oct. 1, 2013: Marcie Smith Case Goes Before Tenn. Supreme Court
- Aug. 5, 2013: New Cold Case Task Force Looks At Marcie Smith Case
- Jan. 1, 2013: New Year Means New Leads In Cold Cases
- July 24, 2012: New Developments In Cold Case Of Marcie Smith
- Nov. 21, 2011: Body Map Resurfaces As Evidence In Missing Woman Case
- Jan. 24, 2011: Palmer Smith, Attorney Confront Police After New Trial Denied
- June 1, 2010: Judge Sentences Palmer Smith To One Year In Jail
- April 23, 2010: Jury Finds Palmer Smith Guilty Of All Counts
- April 22, 2010: Jury Will Continue Deliberation In Palmer Smith Trial
- April 21, 2010: Prosecution Witness Identifies Palmer Smith
- April 20, 2010: Husband Of Missing M'Boro Grandmother Goes On Trial
- Jan. 11, 2010: Criminal Trial Set For Husband Of Missing Woman
- Dec. 7, 2009: Developments Two Years Later In Case Of Missing Woman
- Oct. 8, 2009: Palmer Smith Faces New Charges In Missing Wife's Case
- Oct. 5, 2009: DNA Testing Raises Questions In Case Of Missing Woman
- Sept. 28, 2009: Husband Provides DNA In Missing Wife's Case
- June 30, 2009: Husband Rejects Plea Deal In Wife’s Disappearance
- May 18, 2009: New Evidence Released In Palmer Smith Case
- April 23, 2009: Palmer Smith To Face A Judge Thursday
- March 15, 2009: Palmer Smith In Court For Wife's Disappearance
- March 5, 2009: Palmer Smith Speaks Exclusively With NewsChannel 5
- March 5, 2009: Exclusive: Palmer Smith Talks About Missing Wife
- March 4, 2009: Police Make Arrest In Marcie Smith Missing Person Case
- Dec. 22, 2008: Search For Remains Of Missing Murfreesboro Woman Suspended
- Dec. 18, 2008: Police Search For Marcie Smith's Body In West Tenn.
- Dec. 9, 2008: Attorney: Map Could Provide Clues In Missing Woman's Case
- Dec. 7, 2008: Missing Woman Case Still a Mystery
- Dec. 5, 2008: One Year Ago Murfreesboro Grandma Went Missing
- April 10, 2008: Developments In Missing Murfreesboro Woman Case
- March 20, 2008: Missing Woman's Husband Accused Of Harassing Hairstylist
- Jan. 3, 2008: Husband Of Missing Woman Retains Lawyer