Smiley v. State / Smiley v. Secretary, Department of Corrections
In a capital postconviction appeal, the Florida Supreme Court affirmed denial of Smiley's initial rule 3.851 motion and denied his habeas petition alleging ineffective appellate counsel. The Court rejected roughly a dozen Strickland claims on the deficiency prong, including failure to move for reconsideration of a Williams-rule/inextricably-intertwined ruling, failure to hire a rebuttal ballistics expert, failure to suppress a photo lineup, and failure to present additional mitigation the defendant himself had forbidden.
Key facts
- Smiley was convicted and sentenced to death; he filed an initial rule 3.851 postconviction motion and a habeas petition alleging ineffective assistance of appellate counsel.
- The trial court denied the rule 3.851 motion and the habeas petition; Smiley appealed to the Florida Supreme Court.
- +2 more key facts with a free trial
Why it matters
The most portable holding is the new articulation that counsel is not deficient for failing to move for reconsideration of an adverse evidentiary ruling absent 'circumstances indicating judicial receptiveness' or a… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.