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Doc. Date Docketed Description Filed by Notes
Click to open document 03/08/2018 NOTICE-APPEAL (INITIAL) AA Benjamin Davis Smiley T72309 BY: TA David R. Carmichael 18309 Notice of Appeal
Click to open document 03/08/2018 NOTICE-APPEAL (INITIAL) AA Benjamin Davis Smiley T72309 BY: TA David R. Carmichael 18309 Amended Notice of Appeal
Click to open document 03/08/2018 LOWER TRIBUNAL TRANSMITTAL COVER SHEET Stacy M. Butterfield POLK BY: Stacy M. Butterfield POLK
03/12/2018 No Fee - Insolvent
03/12/2018 JURY VOTE 12-0 Death (Ct 1)
Click to open document 03/12/2018 COPY OF LOWER TRIBUNAL INDIGENCE CERTIFICATE(S)/ORDER(S) Order Declaring Defendant to be Indigent and Order Appointing Office of the Public Defender, Tenth Circuit, to Represent Defendant for Appeal
Click to open document 03/12/2018 COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED Sentencing Order
Click to open document 03/12/2018 ACKNOWLEDGMENT LETTER-NEW CASE Supreme Court Of Florida BY: Supreme Court Of Florida
Click to open document 03/12/2018 ORDER-RECORD FILING (HEARINGS/TRIAL) TR: 05/29/2018; ROA: 06/18/2018
Click to open document 03/14/2018 COPY OF LOWER TRIBUNAL INDIGENCE CERTIFICATE(S)/ORDER(S) Amended Order Declaring Defendant to be Indigent and Order Appointing Office of the Public Defender, Tenth Circuit, to Represent Defendant for Appeal
Click to open document 03/14/2018 COPY OF LOWER TRIBUNAL INDIGENCE CERTIFICATE(S)/ORDER(S) Amended Order Declaring Defendant to be Indigent and Order Appointing Office of the Public Defender, Tenth Circuit, to Represent Defendant for Appeal (Duplicate Hard Copy)
Click to open document 03/15/2018 NOTICE-APPEARANCE AE State Of Florida state1 BY: AE C. Suzanne Bechard 147745 Notice of Appearance of Counsel
Click to open document 03/15/2018 NOTICE-APPEARANCE AE State Of Florida state1 BY: AE C. Suzanne Bechard 147745 Amended Notice of Appearance of Counsel
Click to open document 03/26/2018 ORDER-CIRCUIT COURT Notice of Hearing and Order to Appear
Click to open document 04/13/2018 ORDER-CIRCUIT COURT Notice of Hearing and Order to Appear
Click to open document 05/11/2018 ORDER-CIRCUIT COURT Notice of Hearing and Order to Appear
05/30/2018 RECORD/TRANSCRIPT Stacy M. Butterfield POLK BY: Stacy M. Butterfield POLK Filed Electronically (Large File - Placed on T: Drive)
Click to open document 05/30/2018 TRANSCRIPT Stacy M. Butterfield POLK BY: Stacy M. Butterfield POLK Trial Transcripts (Filed Electronically)
Click to open document 06/04/2018 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 September 7, 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 06/04/2018 EXHIBITS Stacy M. Butterfield POLK BY: Stacy M. Butterfield POLK Copies (1 DVD Placed in Red Folder)
Click to open document 06/04/2018 ORDER-CIRCUIT COURT Order on May 30, 2018 Status Conference and Report on Current Status of Record Preparation
Click to open document 06/21/2018 MOTION-COUNS WITHDRAWAL BASED ON CONFLICT AA Benjamin Davis Smiley T72309 BY: WD Steven L. Bolotin 236365 Motion to Withdraw as Appellate Counsel
Click to open document 06/21/2018 APPENDIX-MOTION AA Benjamin Davis Smiley T72309 BY: WD Steven L. Bolotin 236365 Appendix to Motion to Withdraw as Appellate Counsel
Click to open document 06/25/2018 ORDER-COUNS WITHDRAWAL BASED ON CONFLICT GR The Motion to Withdraw as Appellate Counsel filed in the above cause by the Office of the Public Defender for the Tenth Judicial Circuit is granted. We therefore temporarily relinquish jurisdiction of the above cause to the circuit court of the Tenth Judicial Circuit in and for Polk 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.
06/25/2018 RELINQUISHMENT STARTED
06/26/2018 RELINQUISHMENT ENDED
Click to open document 07/02/2018 ORDER-CIRCUIT COURT Order Appointing Conflict-Free Counsel
Click to open document 07/05/2018 NOTICE-APPEARANCE AA Benjamin Davis Smiley T72309 BY: WD Joseph Thye Sexton 860980
Click to open document 07/05/2018 NOTICE-APPEARANCE AA Benjamin Davis Smiley T72309 BY: WD Joseph Thye Sexton 860980 Amended
Click to open document 07/06/2018 MOTION-COUNS WITHDRAWAL BASED ON CONFLICT AA Benjamin Davis Smiley T72309 BY: WD Joseph Thye Sexton 860980 Motion to Withdraw from Representation
Click to open document 07/10/2018 ORDER-COUNS WITHDRAWAL BASED ON CONFLICT GR The Motion to Withdraw from Representation filed in the above cause by the Office of Criminal Conflict and Civil Regional Counsel is granted. We therefore temporarily relinquish jurisdiction of the above cause to the circuit court of the Tenth Judicial Circuit in and for Polk 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.
07/10/2018 RELINQUISHMENT STARTED
07/13/2018 RELINQUISHMENT ENDED
Click to open document 07/17/2018 NOTICE AA Benjamin Davis Smiley T72309 BY: WD Joseph Thye Sexton 860980 Appellant's Certification of Mailing
Click to open document 07/18/2018 ORDER-CIRCUIT COURT Order Appointing Conflict-Free Counsel
Click to open document 07/30/2018 NOTICE-APPEARANCE AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Notice of Appearance of Counsel
Click to open document 07/31/2018 ORDER-DEP BRIEF SCHED (100) The Notice of Appearance of Counsel 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 November 7, 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 10/23/2018 MOTION-EXT OF TIME (INITIAL BRIEF-MERITS) AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Motion for Extension of Time to File Initial Brief of the Appellant
Click to open document 10/23/2018 NOTICE-COUNS SUBSTITUTION AE State Of Florida state1 BY: WE Lisa Martin 72138 Notice of Substitution of Counsel
Click to open document 10/24/2018 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 December 26, 2018, 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 12/26/2018 INITIAL BRIEF-MERITS AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Initial Brief of the Appellant (Corrected 1/02/2019)
Click to open document 01/02/2019 INITIAL BRIEF-MERITS AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Initial Brief of the Appellant (Corrected 1/02/2019)
Click to open document 01/02/2019 NOTICE-FILING AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Notice of Filing
Click to open document 01/02/2019 NOTICE-FILING AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Amended Notice of Filling
Click to open document 01/02/2019 INITIAL BRIEF-MERITS AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Corrected Initial Brief of the Appellant
Click to open document 03/04/2019 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) AE State Of Florida state1 BY: WE Lisa Martin 72138 Appellee's Unopposed Motion for Extension of Time and Motion to Toll Time
Click to open document 03/05/2019 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS) Appellee's motion for extension of time is granted, and appellee is allowed to and including March 26, 2019, in which to file 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 03/26/2019 ANSWER BRIEF-MERITS AE State Of Florida state1 BY: WE Lisa Martin 72138 Answer Brief of Appellee (3/28/2019: Stricken)
Click to open document 03/27/2019 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 February 23, 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 03/28/2019 MOTION-BRIEF AMENDMENT AE State Of Florida state1 BY: WE Lisa Martin 72138 Unopposed Appellee's Motion for Leave to File an Amended Answer Brief
Click to open document 03/28/2019 ANSWER AMD BRIEF-MERITS AE State Of Florida state1 BY: WE Lisa Martin 72138 Amended Answer Brief of Appellee
Click to open document 03/28/2019 ORDER-BRIEF AMENDMENT GR Appellee's motion to file an amended answer brief is granted and said amended brief was filed with this Court on March 28, 2019. Appellee's answer brief filed with this Court on March 26, 2019, is hereby stricken.
Click to open document 03/29/2019 RESPONSE Florida Department of Corrections' Response to Order to Transmit Presentence Investigation
04/01/2019 PRESENTENCE INVESTIGATION Pre-Sentence Investigation (Confidential)
Click to open document 04/24/2019 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Motion for Extension of Time to File Reply Brief of the Appellant
Click to open document 04/25/2019 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS) Appellant's motion for extension of time is granted, and appellant is allowed to and including June 12, 2019, in which to file the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
Click to open document 06/10/2019 REPLY BRIEF-MERITS AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Reply Brief of the Appellant
Click to open document 06/10/2019 REQUEST-ORAL ARGUMENT AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Request for Oral Argument
Click to open document 06/17/2019 ORDER-OA SCHED The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday, September 17, 2019. 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 07/24/2019 NOTICE-SUPPLEMENTAL AUTHORITY AA Benjamin Davis Smiley T72309 BY: AA Andrea M. Norgard 661066 Notice of Supplemental Authority
09/17/2019 ORAL ARGUMENT HELD
Click to open document 12/11/2019 NOTICE-COUNS SUBSTITUTION AE State Of Florida state1 BY: AE Marilyn Muir Beccue 119581
Click to open document 05/14/2020 DISP-AFFIRMED FSC-OPINION: In light of the foregoing, we affirm Smiley's conviction for first-degree felony murder and his sentence of death. It is so ordered.
Click to open document 06/04/2020 MANDATE
Click to open document 06/04/2020 ORDER-COUNS APPOINTMENT (POST-CONVICTION) Pursuant to Florida Rule of Criminal Procedure 3.851(b), the Office of the Capital Collateral Regional Counsel-Middle Region is hereby appointed to handle postconviction proceedings for appellant. The Office of the Capital Collateral Regional Counsel-Middle 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 06/05/2020 PUBLISH FULL
Click to open document 06/12/2020 JUDGE-CIRC ASSIGNMENT (3.850) Ellen S. Masters 814581 BY: Ellen S. Masters 814581 Order of Assignment
Click to open document 06/19/2020 NOTICE-APPEARANCE Nicole Engebretsen 117696 BY: Nicole Engebretsen 117696
Click to open document 07/27/2020 EXHIBITS Stacy M. Butterfield POLK BY: Stacy M. Butterfield POLK Working copies of State's Exhibits 160, 208-A, & 208-B. Placed with file.
Click to open document 10/26/2020 USSC Not/Cert Filed in FSC The petition for a writ of certiorari in the above entitled case wad filed on October 4, 2020 and placed on the docket October 19, 2020 as No. 20-6060.
Click to open document 01/19/2021 USSC Disp-Certiorari Dy The Court today entered the following order in the above-entitled case: The petition for a writ of certiorari is denied.