& SC13-2112 Corey Smith v. State of Florida and Corey Smith v. Julie L. Jones, etc.

Corey Smith appeals an order of the circuit court denying his motion to vacate his convictions of first-degree murder and sentences of death filed under Florida Rule of Criminal Procedure 3.851 and petitions this Court for a writ of habeas corpus. We have jurisdiction. See art. V, § 3(b)(1), (9), Fla. Const. For the reasons explained below, we affirm the trial court’s denial of postconviction relief as to all claims except Smith’s claim relating to the constitutionality of his penalty phase, deny habeas relief, vacate Smith’s death sentences, and remand for a new penalty phase.

BACKGROUND

In…