Supreme Court of Florida

State of Florida, Appellant v. Joseph P. Smith, Appellee.

April 5, 2018251 So. 3d 807

Summary

The Florida Supreme Court held that the Hurst error in Smith’s case was not harmless beyond a reasonable doubt, vacated his death sentence and affirmed the post‑conviction court’s order granting a new penalty phase; concurring justices joined the opinion and Justice Lawson dissented, arguing the death sentence should stand.