Florida Supreme Court denies stay for Corey Smith
Three petitions related to the application of Florida’s 2023 capital sentencing statute to Hurst resentencing proceedings remain pending at the Florida Supreme Court. Here's the latest.
Three petitions related to the application of Florida’s 2023 capital sentencing statute remain pending at the Florida Supreme Court: Looney, Gonzalez, and Smith. Here’s the latest:
The State’s motion to dismiss remains pending in Looney.
The State filed its response to Gonzalez’s amended petition.
The State filed its response to Smith’s petition, and the Court denied Smith’s motion to stay.
NOTE: These petitions are in a different posture than the direct appeals pending from sentences of death that have been imposed under the new statute.
Ruling on Dismissal Remains Pending in Looney
Jason Looney’s petition was filed at the same time as his codefendant’s, Guerry Hertz. The Court dismissed Hertz’s petition in early August based on the agreement of the parties. (More here.) The State’s motion to dismiss in Looney remains pending.
The Latest in Gonzalez
Amicus Brief
The Public Defender for the Tenth Circuit filed an amicus curiae brief arguing that the Court should go ahead and address the constitutionality of the new statute because it’s an issue of statewide importance.
Change in Counsel for the State
Between August 23 and 25, the State substituted its counsel. The attorney from the Attorney General’s Office was replaced by an attorney at the Solicitor General’s Office.
Response to Amended Petition
On August 25, the State filed its Response to Gonzalez’s amended petition, which was docketed August 14.1 (The full Response can be downloaded here.)
The State’s primary argument is that the Court does not have jurisdiction to address the merits of the issues presented in Gonzalez’s petition. Further, the State argues, even if the Court addressed the merits, Gonzalez’s claims still fail. Here are the State’s arguments:
The Latest in Smith
State’s Response
On August 25, the State filed its Response to Smith’s petition.2 (The full Response can be downloaded here.)
Similar to Gonzalez, the State’s primary argument is that the Court does not have jurisdiction to address the merits of the issues presented in Smith’s petition. Further, the State argues, even if the Court addressed the merits, Smith’s claims still fail. Here are the State’s arguments:
Extension of Time for Reply
Last Monday (Aug. 28), Smith, through counsel, filed a motion for extension of time to reply to the State’s Response. In an Order issued last Tuesday (Aug. 29), the Court granted the motion—giving Smith until September 11 to file his reply to the State’s Response.
Court Denies Stay in Smith
In another Order issued last Tuesday (Aug. 29), the Florida Supreme Court issued a one-sentence Order denying Corey Smith’s motion to stay his resentencing proceeding pending the Court’s resolution of his petition. Justice Labarga was the only dissenting vote.
If you recall, this denial appears inconsistent with what happened in Hertz and Looney. Like in Smith, Hertz and Looney were facing resentencing proceedings granted after Hurst and filed petitions seeking relief from the trial court’s ruling that the new capital sentencing statute would apply in their resentencing. On emergency motions, the Court stayed the resentencing proceedings pending the Court’s resolution of their petitions. (TFDP covered that here.)
The difference appears to be that the State agreed to the stays in Hertz and Looney but did not in Smith. Below is an excerpt from the State’s response to Looney’s Emergency Motion to Stay:
The State did not file a formal response to Smith’s motion to stay, as stated in his petition, and did not address it in its response to the petition.
Prior TFDP Coverage on this Litigation
Florida Supreme Court stays two Hurst resentencing proceedings in Wakulla County
State takes opposing positions on whether the Florida Supreme Court should review new statute.
State changes its mind on dismissal in case pending at Florida Supreme Court.
More dismissal confusion at the Florida Supreme Court with petitioners’ response to the State’s Motion to Dismiss
Florida Supreme Court grants Petitioner’s motion to amend and strikes State’s motion to dismiss in Gonzalez
Florida Supreme Court dismisses Hertz
Smith files fourth petition related to new capital sentencing scheme