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 court reversed the summary denial of Smith’s successive postconviction motion and remanded for an evidentiary hearing on his newly discovered evidence claim concerning comparative bullet lead analysis and his Brady claim concerning Priscilla Walker. The court also directed the postconviction court to reconsider six additional Brady claims in a cumulative materiality analysis in light of findings made in federal habeas proceedings. Chief Justice Canady, joined by Justice Polston, concurred in part and dissented in part, agreeing with the hearing on the bullet-lead claim but would have affirmed the denial of the Walker claim as procedurally barred.