Supreme Court of Florida

Derrick Tyrone Smith, Appellant v. State of Florida, Appellee

October 5, 2017235 So. 3d 265

Summary

The court affirmed the denial of Smith’s successive postconviction motions, concluding that the suppressed impeachment evidence, considered cumulatively with the newly discovered comparative bullet lead analysis evidence, did not undermine confidence in the verdict. It held that Walker’s undisclosed obstruction conviction was not material and that the conviction’s nondisclosure properly was excluded from the cumulative analysis because it could not have been used to impeach her or establish a motive to curry favor. The court also held that excluding or impeaching the comparative bullet lead analysis evidence would not probably produce an acquittal in light of the substantial non-forensic evidence. Justice Pariente, dissenting, would have granted a new trial because the cumulative effect of the Brady violations and discredited forensic evidence undermined confidence in the outcome.