& SC13-2112 Corey Smith v. State of Florida and Corey Smith v. Julie L. Jones, etc.
213 So. 3d 722
| Fla. | 2017Background
- Corey Smith was convicted in Miami-Dade of multiple offenses related to leading the "John Doe" drug enterprise, including first-degree murders (Cynthia Brown, Angel Wilson, Leon Hadley, Jackie Pope), conspiracies, RICO offenses, and manslaughters; jury recommended death for Brown (10-2) and Wilson (9-3).
- Trial evidence included witness testimony tying Smith to orders to kill witnesses and rivals, physical evidence seized from Smith’s residences, and testimony about the enterprise’s violent operations.
- Smith’s postconviction Rule 3.851 motion raised multiple claims: ineffective assistance of trial and appellate counsel, Brady/undisclosed evidence (including alleged tapes), newly discovered evidence (affidavit of Chazre Davis), challenges to jury instructions, and Eighth Amendment lethal-injection claims.
- The trial court denied relief after an evidentiary hearing; Smith appealed and filed a habeas petition to this Court.
- The Florida Supreme Court affirmed denial of postconviction relief on all claims except it found Hurst error in the penalty phase (nonunanimous jury recommendations and absence of jury findings) and vacated Smith’s death sentences, remanding for a new penalty phase.
Issues
| Issue | Plaintiff's Argument (Smith) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Denial of continuance of Huff hearing | Counsel lacked time to review records and prepare; prejudice | Court gave opportunities to brief and allowed evaluation; defendant not shown undue prejudice | No abuse of discretion; denial affirmed |
| Motion to amend Rule 3.851 after evidentiary hearing | New claims should be allowed due to ongoing investigation | Motion untimely under Rule 3.851(f)(4); facts were available earlier | Denial affirmed as untimely and discretionary |
| Newly discovered evidence (Davis affidavit) | Davis’s affidavit would undermine key witness theory and implicating testimony | Davis was not credible; evidence would not likely change result given trial record | Denial affirmed; affidavit fails second-prong of Jones test |
| Ineffective assistance — speedy trial tolling/notice | Counsel failed to preserve speedy-trial rights / improperly tolled time | Notice of expiration was filed; trial within recapture period; no prejudice shown | Denial affirmed; claim without merit |
| Ineffective assistance — manslaughter instruction / ex post facto | Statute-of-limitations and instruction error barred or invalid | Manslaughter limitations were not time-barred by amendment; counsel cannot be ineffective for nonmeritorious claims | Denial affirmed; procedural or merit-based rejection |
| Ineffective assistance — Richardson hearing for Carlos Walker | Counsel failed to request discovery inquiry re: inconsistent witness | Richardson claim previously addressed on direct appeal; error found harmless | Denial affirmed; claim procedurally barred / previously resolved |
| Brady / secret files & Trida Geter tapes | State concealed cooperating-witness files and recorded calls that could impeach witnesses | Allegations speculative and conclusory; no identified material that would likely change outcome | Denial affirmed for being facially insufficient and speculative |
| Lethal-injection protocol (Eighth Amendment) | Midazolam protocol unconstitutional | U.S. Supreme Court and Florida precedent uphold protocol | Denial affirmed; protocol constitutional under controlling authority |
| Hurst error / penalty-phase constitutional claim | Jury recommendations were nonunanimous and no jury findings required under then-law | (State did not successfully show harmlessness) | Hurst applies; death sentences vacated and remanded for new penalty phase |
| Ineffective assistance of appellate counsel (habeas) | Failed to raise severance, jury-penalty instruction, lethal-injection, manslaughter instruction, double jeopardy | Many issues were unpreserved, meritless, or involved law changes after the appeal | Habeas denied; appellate counsel not ineffective on pleaded grounds |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance standard)
- Hurst v. Florida, 136 S. Ct. 616 (jury must find underlying facts permitting death sentence; extended Ring principles)
- Ring v. Arizona, 536 U.S. 584 (capital sentencing facts must be found by a jury)
- Smith v. State, 7 So.3d 473 (Fla. 2009) (direct-appeal opinion detailing facts and trial rulings)
- Jones v. State, 709 So.2d 512 (Fla. 1998) (standard for newly discovered evidence review)
- Montgomery v. State, 39 So.3d 252 (Fla. 2010) (manslaughter jury-instruction error analysis)
- Glossip v. Gross, 135 S. Ct. 2726 (upholding midazolam use in lethal-injection protocol)
- Davis v. State, 142 So.3d 867 (Fla. 2014) (Florida precedent rejecting Eighth Amendment challenge to protocol)