Legal Opinion
Smith v. State
District Court of Appeal of Florida
Decided January 6, 2010No. 2D08-5505PublishedCited by 4 opinions
1Opinion of the Court
CASANUEVA, Chief Judge.
Brian K. Smith appeals the summary denial of his motion filed pursuant to Flori*1278da Rule of Criminal Procedure 3.850. We reverse and remand for further proceedings.
In his motion, Mr. Smith alleged that the method of comparative bullet lead analysis (CBLA), which had been used by an FBI analyst who testified at his murder trials in 1989 and 1990, was subsequently discredited by scientific research and abandoned by the FBI as unreliable. Mr. Smith cited the November 2007 joint-investigation by The Washington Post and CBS News’ “60 Minutes” describing research by William A.…
2Cases cited6 opinions
- Jones v. StateSupreme Court of Florida · 1998
- Clemons v. StateCourt of Appeals of Maryland · 2006
- Ragland v. CommonwealthKentucky Supreme Court · 2006
- Commonwealth v. LykusMassachusetts Supreme Judicial Court · 2008
- State v. BehnNew Jersey Superior Court Appellate Division · 2005
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3Cited by4 opinions
- D'ARCANGELO v. StateDistrict Court of Appeal of Florida · 2012
- D'Arcangelo v. StateDistrict Court of Appeal of Florida · 2011
- Duncan v. StateDistrict Court of Appeal of Florida · 2017
- Gonzales, Jose VasquezCourt of Criminal Appeals of Texas · 2010