Supreme Court of Florida
Corey Smith, Appellant v. State of Florida, Appellee; Corey Smith, Petitioner, v. Julie L. Jones
March 16, 2017213 So. 3d 722
Summary
The court affirmed the denial of postconviction relief on Smith’s collateral claims and denied habeas relief on his ineffective-assistance claims. It held that Smith’s death sentences could not stand because the jury’s nonunanimous recommendations and lack of required aggravator findings made the penalty-phase error not harmless beyond a reasonable doubt, so it vacated both death sentences and remanded for a new penalty phase. Justice Polston, concurring in part and dissenting in part, agreed with the majority except for vacating the death sentence under the governing penalty-phase precedent.