Fourth petition filed at the Florida Supreme Court challenging application of new statute
Corey Smith seeks relief from the trial court’s ruling that Florida’s 2023 capital sentencing statute will apply to his resentencing proceeding scheduled for later this month.
Last night, Corey Smith, through counsel, filed a petition in the Florida Supreme Court requesting relief from the trial court’s ruling that Florida’s 2023 capital sentencing statute will apply to his resentencing proceeding set for later this month in Miami-Dade County.
Smith’s is the fourth petition filed at the Court in a case in which a death-row prisoner is awaiting a resentencing that was granted after Hurst and the trial court has held that the 2023 capital sentencing statute will apply. The three petitions filed so far have been Hertz, Looney, and Gonzalez. Two of the three previously filed petitions (Gonzalez and Looney) remain pending; however, there is an outstanding motion to dismiss in Looney. (The latest on these three petitions from TFDP is here.)
In 2005, Smith was sentenced to two sentences of death for crimes that occurred in the late 90s after the jury recommended death by votes of 10-2 and 9-3. His sentences of death became final in 2009.
After Hurst,1 the Florida Supreme Court vacated Smith’s sentences of death and ordered a new penalty phase. As mentioned above, Smith’s new penalty phase is scheduled to begin later this month. The trial court has ruled that Florida’s 2023 statute will apply to his resentencing.
Smith’s petition argues that, for various reasons, the application of the 2023 statute to his resentencing proceeding would violate his constitutional rights. Here are his arguments after arguing that the Court has jurisdiction to hear this case:
The petition acknowledges that Gonzalez is also pending but notes differences between Smith’s case and Gonzalez. It also explains that arguments presented in this petition apply equally in Gonzalez and notes the chaos in Gonzalez, mentioning “a notable series of inconsistent and piecemeal filings, mis-filings, and a refiling ordered by this Court.” Here’s the footnote:
Like in Hertz and Looney, Smith requests that the Court stay his resentencing pending the Court’s resolution of the petition. (TFDP covered the stays in Hertz and Looney here.)
