Home Justices Public Information
Doc. Date Docketed Case Type Description Filed by Notes
Click to open document 05/25/2018 Death Penalty NOTICE-APPEAL (INITIAL) AA Donald James Smith 986205 BY: TA Julie Agent Schlax 93040
05/29/2018 Death Penalty No Fee - Insolvent
Click to open document 05/29/2018 Death Penalty COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED Judgment & Sentence (dated May 2, 2018)
05/29/2018 Death Penalty COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED Capital Sentencing Order (dated May 23, 2018)(Contains confidential information. Needs redaction prior to release.)
05/29/2018 Death Penalty JURY VOTE 12-0 Death
Click to open document 05/29/2018 Death Penalty ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 05/29/2018 Death Penalty ORDER-RECORD FILING (HEARINGS/TRIAL) TR: 08/13/2018; ROA: 09/04/2018
Click to open document 05/31/2018 Death Penalty NOTICE-APPEARANCE AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089 Notice of Appearance
Click to open document 06/04/2018 Death Penalty COPY OF LOWER TRIBUNAL ORDER(S) APPOINTING COUNSEL Mallory Durden Cooper 660744 BY: Mallory Durden Cooper 660744 Order Finding the Defendant Indigent for Purpose of Appeal and Appointing Public Defender as Appellate Counsel
Click to open document 06/28/2018 Death Penalty STATUS REPORT AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089 First Status Report
Click to open document 07/30/2018 Death Penalty STATUS REPORT AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089 Second Status Report
Click to open document 08/29/2018 Death Penalty STATUS REPORT AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089 Third Status Report
08/31/2018 Death Penalty RECORD/TRANSCRIPT Ronnie Fussell BY: Ronnie Fussell Volume 1 (See Unredacted Record/Transcript filed 9/07/2018)
08/31/2018 Death Penalty TRANSCRIPT Ronnie Fussell BY: Ronnie Fussell Volume 2 (See Unredacted Transcript filed 4/09/2019)
09/06/2018 Death Penalty EXHIBITS Ronnie Fussell BY: Ronnie Fussell Copies (33 CDs Placed w/ File)
09/07/2018 Death Penalty RECORD/TRANSCRIPT Ronnie Fussell BY: Ronnie Fussell Volume 1 (Filed Electronically)(Unredacted)
Click to open document 09/11/2018 Death Penalty ORDER-DEP BRIEF SCHED (100) The record having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before December 17, 2018; appellee's brief shall be filed seventy days after filing of appellant's brief; and appellant's reply brief shall be filed forty days after filing of appellee's brief. As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to a medical emergency.
Click to open document 09/13/2018 Death Penalty MISC. DOCKET ENTRY AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089 Certification of Ministerial Action Only
Click to open document 09/13/2018 Death Penalty DESIGNATION-PUBLIC DEFENDER AA Donald James Smith 986205 BY: WD Elizabeth Webb 853089 Designation of Public Defender of the Second Judicial Circuit for Purposes of Appeal
Click to open document 09/14/2018 Death Penalty MOTION-COUNS WITHDRAWAL BASED ON CONFLICT AA Donald James Smith 986205 BY: WD Gail Elizabeth Anderson 841544 Motion to Withdraw as Appellate Counsel Based upon Conflict of Interest
Click to open document 09/17/2018 Death Penalty NOTICE-APPEARANCE AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Notice of Appearance as Counsel of Record
Click to open document 09/20/2018 Death Penalty ORDER-COUNS WITHDRAWAL BASED ON CONFLICT GR The Motion to Withdraw as Appellate Counsel Based upon Conflict of Interest filed in the above cause by the Office of the Public Defender for the Second Judicial Circuit is granted. We therefore temporarily relinquish jurisdiction of the above cause to the circuit court of the Fourth Judicial Circuit in and for Duval County, Florida, and direct that the circuit court within thirty days from the date of this order appoint conflict-free counsel to represent appellant in the appeal in this Court. The circuit court shall immediately notify this Court upon appointment of new counsel. Within ten days of the date of the circuit court order appointing counsel, appellant's appointed counsel shall file a notice of appearance with this Court. A briefing schedule will be issued allowing newly appointed counsel one hundred days from the filing of the notice of appearance to file the initial brief on the merits.
09/20/2018 Death Penalty RELINQUISHMENT STARTED
11/13/2018 Death Penalty RELINQUISHMENT ENDED
Click to open document 11/14/2018 Death Penalty COPY OF LOWER TRIBUNAL ORDER(S) APPOINTING COUNSEL Mallory Durden Cooper 660744 BY: Mallory Durden Cooper 660744 Order Appointing Conflict-Free Appellate Counsel (11/19/2018: Additional Hard Copies Filed)
Click to open document 11/19/2018 Death Penalty NOTICE-APPEARANCE AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Notice of Appearance
Click to open document 11/19/2018 Death Penalty ORDER-DEP BRIEF SCHED (100) The Notice of Appearance having been received by the Court, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before February 27, 2019; appellee's brief shall be filed seventy days after filing of appellant's brief; and appellant's reply brief shall be filed forty days after filing of appellee's brief. As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to a medical emergency.
Click to open document 02/14/2019 Death Penalty MOTION-STRIKE AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Motion to Clarify Opposing Counsel's Notice of Appearance (3/21/2019: Denied as Moot)
Click to open document 02/27/2019 Death Penalty MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Appellant's Unopposed Motion for Extension of Time
Click to open document 03/04/2019 Death Penalty ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Appellant's motion for extension of time is granted and appellant is allowed to and including April 29, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 03/04/2019 Death Penalty ORDER-RESPONSE/REPLY REQUESTED Appellee has filed a Motion to Clarify Opposing Counsel's Notice of Appearance. Appellant is hereby requested to file a response to the above-referenced motion on or before March 19, 2019.
Click to open document 03/19/2019 Death Penalty RESPONSE AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Response to the State's Motion to Clarify Opposing Counsel's Notice of Appearance
Click to open document 03/21/2019 Death Penalty ORDER-STRIKE DY The notice of appearance by Smith's counsel is deemed amended by the response filed pursuant to this Court's order. Accordingly, the motion to clarify the notice of appearance is denied as moot.
04/09/2019 Death Penalty TRANSCRIPT Ronnie Fussell BY: Ronnie Fussell Volume 2 (Filed Electronically)(Unredacted)
Click to open document 04/29/2019 Death Penalty MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Appellant's Second Unopposed Motion for Extension of Time
Click to open document 05/01/2019 Death Penalty ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Appellant's motion for extension of time is granted in part, and appellant is allowed to and including May 20, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 05/20/2019 Death Penalty MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Appellant's Third Unopposed Motion for Extension of Time
Click to open document 05/21/2019 Death Penalty ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Appellant's motion for extension of time is granted, and appellant is allowed to and including May 28, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 05/28/2019 Death Penalty MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Appellant's Fourth Motion for Extension of Time
Click to open document 05/29/2019 Death Penalty ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Appellant's motion for extension of time is granted, and appellant is allowed to and including May 31, 2019, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
05/31/2019 Death Penalty INITIAL BRIEF-MERITS AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Appellant's Initial Brief (Contains confidential information. Needs redaction prior to release.) **Stricken, per 10/18/2019 order.**
Click to open document 08/06/2019 Death Penalty MOTION-COUNS WITHDRAWAL AA Donald James Smith 986205 BY: WD Rocco J. Carbone, Iii 95544 Unopposed Motion to Withdraw
Click to open document 08/09/2019 Death Penalty MOTION-TOLL TIME AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Motion to Toll Answer Brief Pending Resolution of Defense Counsel's Motion to Withdraw
Click to open document 08/12/2019 Death Penalty ORDER-TOLLING GR Appellee's motion to toll time for filing the answer brief on the merits is granted, and the time for filing said brief is tolled pending resolution of Defense Counsel's Motion to Withdraw.
Click to open document 08/16/2019 Death Penalty ORDER-COUNS WITHDRAWAL GR The Unopposed Motion to Withdraw filed by Rocco J. Carbone, III is granted. We therefore temporarily relinquish jurisdiction of the above cause to the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, and direct that the circuit court, within thirty days from the date of this order, appoint counsel to represent appellant in the appeal in this Court. The circuit court shall immediately notify this Court upon appointment of new counsel. Within ten days of the date of the circuit court order appointing counsel, appellant's appointed counsel shall file in this Court a notice of appearance pursuant to Florida Rule of Criminal Procedure 3.112(i).
08/16/2019 Death Penalty RELINQUISHMENT STARTED
08/20/2019 Death Penalty RELINQUISHMENT ENDED
Click to open document 08/30/2019 Death Penalty NOTICE-APPEARANCE AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
Click to open document 08/30/2019 Death Penalty ORDER-CIRCUIT COURT Order Appointing Court-Appointed Counsel
Click to open document 10/14/2019 Death Penalty MOTION-OTHER SUBSTANTIVE AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 State's Motion to Issue a New Briefing Schedule
Click to open document 10/14/2019 Death Penalty MOTION-OTHER SUBSTANTIVE AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457 Motion to Set New Briefing Schedule
Click to open document 10/14/2019 Death Penalty NOTICE-APPEARANCE AA Donald James Smith 986205 BY: AA Richard Randall Kuritz 972540 Notice of Appearance of Co-Counsel
Click to open document 10/17/2019 Death Penalty ORDER-DEP BRIEF SCHED (100) In light of the State's Motion to Issue a New Briefing Schedule and Appellant's newly appointed counsel's Motion to Set New Briefing Schedule, the briefs in the above styled case are to be filed as follows: Appellant's brief is to be filed on or before January 28, 2020; appellee's brief shall be filed seventy days after filing of appellant's brief; and appellant's reply brief shall be filed forty days after filing of appellee's brief. As the time for filing the briefs has already been extended, further motions for extension of time will be granted only due to medical emergency. The initial brief on the merits filed with this Court on May 31, 2019, is hereby stricken.
Click to open document 01/23/2020 Death Penalty MOTION-RECORD SUPPLEMENTATION AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457 Appellant's Motion to Supplement Record *Amended motion filed 1/27/2020.*
Click to open document 01/27/2020 Death Penalty MOTION-RECORD SUPPLEMENTATION AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457 Appellant's Amended Unopposed Motion to Supplement Record
Click to open document 01/27/2020 Death Penalty MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457 Appellant's Motion to Extend Time to File Initial Brief
Click to open document 01/27/2020 Death Penalty ORDER-RECORD SUPPLEMENTATION GR (CIRC CT) Appellant's Motion to Supplement the Record (copy attached) is granted. The trial court clerk is directed, on or before February 6, 2020, to supplement the record with items listed in the attached motion. * THE COVERSHEET SHALL REFLECT "SUPPLEMENTAL RECORD" AND PAGE NUMBERING SHOULD RUN CONSECUTIVELY.
Click to open document 01/27/2020 Death Penalty ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS) Appellant's motion for extension of time is granted and appellant has thirty days from the date the supplemental record is filed, in which to file the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 02/07/2020 Death Penalty SUPP RECORD/TRANSCRIPT Ronnie Fussell BY: Ronnie Fussell Supplemental Record on Appeal (Redacted) - Filed Electronically
02/07/2020 Death Penalty SUPP RECORD/TRANSCRIPT Ronnie Fussell BY: Ronnie Fussell Supplemental Record on Appeal (Unredacted) - Filed Electronically
Click to open document 02/26/2020 Death Penalty INITIAL BRIEF-MERITS AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457 Appellant's Initial Brief
Click to open document 05/06/2020 Death Penalty MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 First Motion for Extension of Time to File Answer Brief
Click to open document 05/06/2020 Death Penalty ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Appellee's motion for extension of time is granted, and appellee is allowed to and including June 5, 2020, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 06/05/2020 Death Penalty MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Motion for Extension of Time to File Answer Brief
Click to open document 06/08/2020 Death Penalty ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Appellee's motion for extension of time is granted, and appellee is allowed to and including July 6, 2020, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
Click to open document 07/07/2020 Death Penalty ANSWER BRIEF-MERITS AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134
Click to open document 07/09/2020 Death Penalty MOTION-ACCEPTANCE AS TIMELY FILED (BRIEF) AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Motion to Accept Answer Brief as Timely Filed
Click to open document 07/10/2020 Death Penalty ORDER-ACCEPTANCE AS TIMELY FILED GR (BRIEF) Appellee's Motion to Accept Answer Brief as Timely Filed is granted and appellee's answer brief was filed with this Court on July 7, 2020.
Click to open document 07/10/2020 Death Penalty ORDER-PSI It is hereby ordered that the Florida Department of Corrections transmit to the Clerk of the Supreme Court of Florida forthwith the presentence investigation, if any, done on the sentencing of the above appellant on May 2, 2018. The presentence investigation shall include a cover page that includes the defendant's name and SEALED PRESENTENCE INVESTIGATION in 48 point bold font. It is preferable to transmit the presentence investigation via the statewide portal. If mailed, the presentence investigation shall be sealed in an interior envelope with the defendant's name and SEALED PRESENTENCE INVESTIGATION in 14 point bold font printed on the front of the interior envelope.
Click to open document 08/04/2020 Death Penalty MOTION-EXT OF TIME (REPLY BRIEF-MERITS) AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457 Appellant's Unopposed Motion to Extend Time to File Reply Brief
Click to open document 08/05/2020 Death Penalty ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Appellant's motion for extension of time is granted and appellant is allowed to and including September 4, 2020, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
08/18/2020 Death Penalty LETTER-DOC RE: NO PSI Via E-mail
Click to open document 09/04/2020 Death Penalty REPLY BRIEF-MERITS AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457 Appellant's Reply Brief
Click to open document 09/22/2020 Death Penalty ORDER-OA SCHED The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, December 9, 2020. A maximum of thirty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
Click to open document 09/22/2020 Death Penalty NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Notice of Supplemental Authority: Johnson v. State, 135 So.3d 1002, 1029, n.11 (Fla. 2014)
Click to open document 12/07/2020 Death Penalty NOTICE-SUPPLEMENTAL AUTHORITY AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Notice of Supplemental Authority: Lawrence v. State, So. 3d, 45 Fla. L. Weekly S277, 2020 WL 6325895 (Fla. Oct. 29, 2020) (SC18-2061)
12/09/2020 Death Penalty ORAL ARGUMENT HELD
Click to open document 04/22/2021 Death Penalty DISP-AFFIRMED FSC-OPINION: We affirm Smith's judgment of conviction and sentence of death. It is so ordered.
Click to open document 05/07/2021 Death Penalty MOTION-REHEARING AA Donald James Smith 986205 BY: AA H. Kate Bedell 632457
Click to open document 06/14/2021 Death Penalty DISP-REHEARING DY Appellant's Motion for Rehearing is hereby denied.
Click to open document 06/30/2021 Death Penalty MANDATE
Click to open document 06/30/2021 Death Penalty ORDER-COUNS APPOINTMENT (POST-CONVICTION) Pursuant to Florida Rule of Criminal Procedure 3.851(b), the Office of the Capital Collateral Regional Counsel-Northern Region is hereby appointed to handle postconviction proceedings for appellant. The Office of the Capital Collateral Regional Counsel-Northern Region shall, within thirty days from this date of this order, file a notice of appearance in the trial court or a motion to withdraw based on a conflict of interest or some other legal ground. A copy of the notice of appearance or motion to withdraw shall be served on the Florida Supreme Court. In accordance with this Court's opinion issued in Amendments to Florida Rules of Criminal Procedure 3.851, 3.852, and 3.991 and Florida Rule of Judicial Administration 2.215, 802 So. 2d 298 (Fla. 2001), the chief judge shall forthwith assign this case to a judge qualified to handle capital cases. A copy of the assignment order shall be served on the Florida Supreme Court.
Click to open document 07/09/2021 Death Penalty PUBLISH FULL
Click to open document 07/20/2021 Death Penalty NOTICE-REPOSITORY (AG) AE State Of Florida state1 BY: AE Charmaine M. Millsaps 989134 Notice to State Attorney of Affirmance of Death Penalty
Click to open document 07/23/2021 Death Penalty LOWER TRIBUNAL DOCUMENTS Motion to Withdraw Based on Certification of Conflict of Interest
Click to open document 08/02/2021 Death Penalty NOTICE-APPEARANCE Eric Calvin Pinkard 651443 BY: Eric Calvin Pinkard 651443
Click to open document 08/04/2021 Death Penalty NOTICE-APPEARANCE Eric Calvin Pinkard 651443 BY: Eric Calvin Pinkard 651443 Notice of Appearance *Copy of notice previously filed on 8/2/2021*
Click to open document 11/22/2021 Death Penalty USSC Not/Cert Filed in FSC The petition for a writ of certiorari in the above entitled case was filed on November 8, 2021 and placed on the docket November 17, 2021 as No. 21-6307.
Click to open document 01/21/2022 Death Penalty USSC Disp-Certiorari Dy The Court today entered he following order in the above-entitled case: The petition for a writ of certiorari is denied.