Supreme Court of Florida

Derrick Tyrone Smith, Appellant(s) v. State of Florida, Appellee(s)

October 6, 201136 Fla. L. Weekly Supp. 582

Summary

The Florida Supreme Court reversed the circuit court’s summary denial of Smith’s post‑conviction claims and remanded for an evidentiary hearing on both the newly discovered evidence claim concerning comparative bullet‑lead analysis and the Brady claim regarding undisclosed witness statements. The Court also instructed the lower court to consider six additional Brady claims under a cumulative‑materiality analysis per Kyles. Justice Canada, concurring in part and dissenting in part, agreed with the remand on the new‑evidence claim but argued the Brady claim was procedurally barred.