GUILTY FL - Carlie Brucia, 11, Sarasota, 1 February 2004

[Niner]

Tuesday, November 12th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith () indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Court info from 5/21/19 thru 8/13/19 reference post #874 here:
GUILTY - FL - Carlie Brucia, 11, Sarasota, 1 February 2004
Case Management hearings set for 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.
10/22/19 Update: Case management hearing continued to 11/12.

 

[Niner]

@SeesSeas - for some reason I can not access the Sarasota court site!

Can you see if he still has the 12/10 hearing? And if anymore are on there?

TIA!

 

[SeesSeas]

@SeesSeas - for some reason I can not access the Sarasota court site!

Can you see if he still has the 12/10 hearing? And if anymore are on there?

TIA!

12/10/2019 is cancelled
Next hearing is 01/07/2020
ClerkNet 3.0
ClerkNet 3.0
Case Number: 2004 CF 002129 NC
Uniform Case Number: 582004CF002129XXXANC
Case Status: REOP
Case File Date: 02/06/2004
SMITH, JOSEPH PETER (DOB - 03/17/1966)

Case Events
Date Time Location Description Court Result
12/10/2019 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT Cancelled Event
01/07/2020 10:00 AM COURTROOM 3B CRIMINAL - CASE MANAGEMENT

 

[Niner]

And another

 

[Niner]

Tuesday, January 7th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith (53/38 @ time of crime) indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Court info from 5/21/19 thru 8/13/19 reference post #874 here:
GUILTY - FL - Carlie Brucia, 11, Sarasota, 1 February 2004
Case Management hearings set for 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.
10/22/19 Update: Case management hearing continued to 11/12. 11/12/19: Case management hearing on 12/10 is cancelled. Next Case management hearing on 1/7/20.

 

[Niner]

@oviedo - I lost my "go-to person" for this case - and was wondering if you can access Sarasota County court site - see post # 883 by SeesSeas.
Case # is 2004CF002129NC
Looking for the next hearing dates.

TIA if you can!

 

[oviedo]

@oviedo - I lost my "go-to person" for this case - and was wondering if you can access Sarasota County court site - see post # 883 by SeesSeas.
Case # is 2004CF002129NC
Looking for the next hearing dates.

TIA if you can!

1/7/2020 appearance - I will add the docket sheet

 

[oviedo]

 

[Kakidoll]

next court date 3/17

 

[Niner]

next court date 3/17

Thanks a bunch!

 

[Niner]

State Attorney seeks to reinstate Joseph Smith's death sentence in Carlie Brucia case

January 24, 2020
ST. PETERSBURG, Fla. — At least one state attorney says he will look to get a Florida inmate back on death row following a major decision by the state Supreme Court Thursday.
[.....]
Smith was sentenced to death in 2006 after he was convicted of kidnapping, raping and killing 11-year-old Carlie Brucia. Smith’s death sentence was overturned in 2018 because the jury that recommended the death sentence wasn't unanimous in their votes.

This week, the court ruled that juries do not have to vote unanimously for a death sentence to be imposed. The ruling said the court “got it wrong” in 2016 when it required unanimous jury recommendations for death sentences.

 

[Kakidoll]

State Attorney’s Office asks court to reinstate death sentence in case where 11-year-old Sarasota girl was raped, murdered

 

[Niner]

https://www.bradenton.com/news/local/crime/article239911983.html

February 03, 2020 11:29 AM

Arguments over whether the death sentence should be reinstated for Joseph Smith, convicted of murdering 11-year-old Carlie Brucia in 2004, will play out in a Sarasota courtroom on Feb. 18.
[.....]
In the wake of U.S. Supreme Court decision and subsequent Florida Supreme Court rulings that found how a person was sentenced to death in Florida unconstitutional, Smith had his death sentence vacated in April 2018 by the Florida Supreme Court. A date for the new penalty phase of Smith’s case had not yet been set.

 

[Niner]

Tuesday, February 18th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith (53/38 @ time of crime) indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Court info from 5/21/19 thru 8/13/19 reference post #874 here:
GUILTY - FL - Carlie Brucia, 11, Sarasota, 1 February 2004
Case Management hearings set for 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case.
10/22/19 Update: Case management hearing continued to 11/12. 11/12/19: Case management hearing on 12/10 is cancelled. Next Case management hearing on 1/7/20. 1/7/20: Next Case management hearing on 3/17.
1/24/20 Update: Smith was sentenced to death in 2006 after he was convicted of kidnapping, raping and killing 11-year-old Carlie Brucia. Smith’s death sentence was overturned in 2018 because the jury that recommended the death sentence wasn't unanimous in their votes. This week, the court ruled that juries do not have to vote unanimously for a death sentence to be imposed. The ruling said the court “got it wrong” in 2016 when it required unanimous jury recommendations for death sentences. Will return on 2/18 for arguments of death penalty verdict.

 

[Niner]

Will convicted murderer Joseph Smith receive a new sentencing hearing?

Feb 17, 2020 at 2:58 PM

SARASOTA — Judge Charles Roberts could decide Tuesday if convicted killer Joseph Smith, who abducted, raped and murdered 11-year-old Carlie Brucia in 2004, will be granted a new sentencing trial or go back to death row.
[.....]
Following the Florida Supreme Court’s ruling in Hurst v. State in January 2017, which required a unanimous jury to impose death, Smith won a motion to vacate his death sentence. Sarasota County Judge Charles Roberts, bound by the state’s mandate, ordered a new penalty phase, an order affirmed by the Supreme Court in 2018.

The defense requested a penalty phase by March 2020, but no date had been set as parties awaited a potential decision on another death penalty case (Owens v. State) that could change the cutoff date for death row inmates seeking new hearings.

Before a decision in Owens, a ruling was made in another death penalty case, Poole v. State, similar to Smith’s that reversed the Supreme Court’s mandate in Hurst. The shocking admission stated that a prior court misinterpreted Hurst, and the Supreme Court issued a new mandate.
[.....]
The fact that the jury recommended death by a vote that was not unanimous does not affect the constitutionality of his sentence,” the court ruled.
[.....]
By rule, the Attorney General has until Feb. 22 to respond to the motion for rehearing in the Poole case, and the mandate will not become effective until a ruling on the motion. The Attorney General is not likely to overturn the Supreme Court’s decision.
[.....]
he case management hearing is scheduled at 10 a.m. Tuesday at the Judge Lynn N. Silvertooth Judicial Center in Sarasota. If no decision is made on the State’s motion to reinstate death, the next hearing date is March 17.

 

[Niner]

Judge postpones decision on reinstating death sentence for Carlie Brucia's killer

February 18, 2020

SARASOTA, Fla. - In courtroom 3B in Sarasota County, Joseph Smith sat once more – 15 years after he was convicted and sentenced to death for the kidnapping, sexual battery, and murder of 11-year-old Carlie Brucia.

Smith's case is in limbo, caught up in a legal quagmire over conflicting court rulings from the state Supreme Court.
[.....]
The decision on whether to return Smith to death row is now in the hands of Judge Charles Roberts, but he said he can't issue his order until the attorney general reviews the impact of the Poole case.
[.....]
Joseph Smith will be back in court on March 17.

 

[Niner]

Don't know IF this is still going on - maybe @oviedo - can let me know since I can't access this court site.

Tuesday, March 17th:
*Case Management Hearing re Sentencing (@ 10am ET) – FL – Carlie Brucia (11) (Feb. 1, 2004, Sarasota) - *Joseph Peter Smith (38 @ time of crime/53/now 54) indicted (2/6/04) & convicted (3/15/06), found guilty of capital felony premeditated homicide, 1st degree felony kidnapping & capital felony sexual assault. Sentenced to death.
The Florida Supreme Court (10/16/18) tossed out the death sentence in the case against Joseph Smith because the jury that recommended the death sentence wasn't unanimous. During Smith's trial in 2005, the jury recommended in a 10 to 2 vote that Smith be sentenced to death. Under new Florida law passed down from the Supreme Court, a jury has to be unanimous in recommending the death sentence, so now Smith will be re-sentenced.
Court info from 5/21/19 thru 8/13/19 reference post #874 here:
GUILTY - FL - Carlie Brucia, 11, Sarasota, 1 February 2004
Case Management hearings set for 10/22, 11/12 & 12/10/19. 5/21/19: DA will seek death penalty in retrial case. 10/22/19: Case management hearing continued to 11/12. 11/12/19: Case management hearing on 12/10 is cancelled. Next Case management hearing on 1/7/20. 1/7/20: Next Case management hearing on 2/18.
1/24/20 Update: Smith was sentenced to death in 2006 after he was convicted of kidnapping, raping and killing 11-year-old Carlie. Smith’s death sentence was overturned in 2018 because the jury that recommended the death sentence wasn't unanimous in their votes. This week, the court ruled that juries do not have to vote unanimously for a death sentence to be imposed. The ruling said the court “got it wrong” in 2016 when it required unanimous jury recommendations for death sentences. Will return on 2/18 for arguments of death penalty verdict. If no decision is made on the State’s motion to reinstate death, the next hearing date is March 17.
2/18/20 Update: Judge Charles Roberts said he can't issue his order until the attorney general reviews the impact of the Poole case. Smith will be back in court on 3/17.

 

[Niner]

@oviedo - when you have time could you look up the next court date for me? TIA!

 

[Niner]

Hate to bother you @oviedo - but when you have time - could you look up & see if there is another court date for this case?

TIA! Hope you are staying healthy!!

 

[oviedo]

Hate to bother you @oviedo - but when you have time - could you look up & see if there is another court date for this case?

TIA! Hope you are staying healthy!!

ClerkNet 3.0
An appearance record was filed
that’s the last entry on the docket