Derrick Tyrone Smith v. State of Florida
235 So. 3d 265
Fla.2017Background
- Derrick Smith was convicted and sentenced to death for a 1983 St. Petersburg homicide; his 1983 conviction was reversed and he was retried, convicted, and again sentenced to death in 1990.
- Smith pursued multiple state and federal postconviction and habeas proceedings; the Eleventh Circuit identified six Brady issues and remanded for cumulative materiality analysis; this Court remanded for an evidentiary hearing on CBLA (comparative bullet lead analysis) letters and Brady nondisclosures regarding witness Priscilla Walker.
- The state presented CBLA expert testimony at trial linking a bullet fragment to bullets from the defendant’s uncle’s ammunition box; later FBI letters and scientific developments undercut the probative strength of CBLA.
- The postconviction court held an evidentiary hearing, found seven Brady items (six from the Eleventh Circuit plus Walker’s 1989 shoplifting conviction), considered them cumulatively with the newly discovered CBLA evidence, and denied relief.
- Smith appealed, arguing (1) the trial court misapplied Kyles cumulative materiality, (2) it should have included Walker’s 1988 obstruction conviction in the Brady analysis, and (3) the newly discovered FBI/CBLA evidence met the Jones standard for a new trial.
- The Florida Supreme Court affirmed the denial of postconviction relief; a dissent would have granted a new trial based on the cumulative effect of Brady failures and the erosion of CBLA reliability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Cumulative Brady materiality under Kyles | Smith: court failed to apply Kyles cumulative analysis properly to all withheld/impeachment evidence | State: court properly evaluated each item and then weighed cumulative effect against trial evidence | Affirmed — court and this Court adopted Eleventh Circuit’s item-by-item analysis and properly weighed cumulative effect; confidence in verdict not undermined |
| Inclusion of Walker’s 1988 obstruction conviction | Smith: conviction and arrest timing would show motive to curry favor and impeach Walker’s testimony; must be included in cumulative analysis | State: obstruction conviction resolved before Walker disclosed confession; not a crime of dishonesty and thus not admissible impeachment under §90.610(1) | Affirmed — obstruction conviction not material impeachment; omission from cumulative analysis was proper |
| Newly discovered CBLA evidence (FBI letters) under Jones | Smith: FBI letters showing CBLA overstated would probably produce acquittal on retrial when combined with Brady items | State: even without CBLA, ample non-CBLA eyewitness and circumstantial evidence would remain admissible | Affirmed — court found FBI letters newly discovered but Jones second prong not met; exclusion/removal of CBLA would not likely produce acquittal |
| Cumulative effect of CBLA erosion + Brady claims (need for new trial) | Smith: cumulative impact undermines confidence; combined errors require new trial (dissenting view) | State: cumulative weighing against total trial evidence leaves verdict reliable | Affirmed by majority; dissent would have granted new trial due to cumulative effect |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 83 (prosecution must disclose favorable evidence)
- Kyles v. Whitley, 514 U.S. 419 (requirement to evaluate Brady items item-by-item then cumulatively)
- United States v. Bagley, 473 U.S. 667 (definition of materiality and reasonable probability)
- Smith v. State, 75 So.3d 205 (Fla. 2011) (remand for evidentiary hearing on CBLA and Walker Brady claims)
- Smith v. Sec’y, Dep’t of Corr., 572 F.3d 1327 (11th Cir. 2009) (identified six suppressed items and performed item-by-item analysis; instructed cumulative review)
- Jones v. State, 709 So.2d 512 (Fla. 1998) (test for newly discovered evidence)
- Swafford v. State, 125 So.3d 760 (Fla. 2013) (explaining cumulative/newly discovered evidence analysis)