GUILTY *DEATH PENALTY* FL - Cherish Perrywinkle, 8, abducted and killed, Jacksonville, June 2013 *GRAPHIC* #6

[PayrollNerd]

@PayrollNerd - was wondering if you can access the Supreme court site?

Duval County #16-2013-CF-005781-AXXX-MA /Appeal #SC18-822 Look under Supreme Court

I used to be able to but it looks like it won't let me in...

Just wondering if there might be updates on his new motions, etc. TIA!

This case is closed.

Case ID SC2018-0822

DONALD JAMES SMITH VS STATE OF FLORIDA ​

Classification Mandatory Review - Death Penalty Appeal - Initial
Filed Date 05/25/2018
Open / Closed Closed

https://acis.flcourts.gov/portal/court/68f021c4-6a44-4735-9a76-5360b2e8af13/case/9b70fea9-41de-4a87-bb10-82ab94520cb2

 

[Niner]

Monday, June 5th:
*Motion s Hearing (re Appeal) (@ am ET) - FL - Cherish Perrywinkle (8) (June 21, 2013) - Donald James Smith (56 @ time of crime/now 66) – indicted (6/21/13) and found guilty (8/13/18) (juror took only 12 minutes) of 1st degree murder, kidnapping & rape. Jurors unanimously recommended death penalty.
8/13/18: On the day before Smith was to be sentenced in the 2013 kidnap, rape & murder of 8-year-old Cherish, his lawyers filed a motion seeking a new penalty phase. Sentenced: Count 3 - Life in Prison; Count 2 - Life in Prison; Count 1 – Death
Court info from 8/31/18 thru 12/8/20 reference post #98 here:
https://www.websleuths.com/forums/t...-jacksonville-6-21-13-6-graphic.366513/page-5
12/9/20 Update: As part of the appeal, attorney Richard R. Kuritz argued on Smith’s behalf Wednesday, 12/9/20 that several errors were committed during the trial, and that those errors add up “to a reversible error” that would warrant a new trial for Smith. The errors he claimed were: Comments by the prosecutor during opening statements that he said were inappropriate, Denial of a change of venue motion made before the trial, The medical examiner becoming emotional during testimony & Allowing graphic autopsy photographs to be shown to the jury. But Chief Justice Charles Canady seemed skeptical of Kuritz’s arguments. “I cannot see how you piece these inadequate things together & come up with something that matters,” Canady said. Canady specifically pointed to the change of venue denial, saying that both sides were able to agree on a jury, and to the argument that the medical examiner’s emotion & the graphic photographs might have prejudiced the jury. Justice John Couriel also challenged Kuritz’s argument about the prosecutor’s comment during opening statements. Representing the state, Senior Assistant Attorney General Charmaine Millsaps countered the defense’s arguments, arguing that the justices can’t consider change of venue or the prosecutor’s comments because they weren’t objected to or raised during the trial. But she pointed out that a defense motion for a mistrial over the ME’s testimony was denied, and she argued the justices should defer to the trial judge who was in the room and could read what was happening with both the jurors & the ME and chose to deny the mistrial. The justices will consider the arguments made during the appeal & will rule at a later date.
4/22/21 Update: Smith's appeal was resoundingly rejected by the Florida Supreme Court on 4/22. Their opinion stated: “Smith has advanced no specific allegations of prejudice, and there is no evidence that the media exposure actually tainted Smith’s trial. For one thing, the evidence of guilt is overwhelming,” the Supreme Court ruling said. “The jury in this case saw Cherish’s autopsy photos, learned that Smith’s DNA was on & in Cherish’s body, watched surveillance footage of Smith leading Cherish to his car, heard witness testimony about his van’s location, and listened to Rayne Perrywinkle’s (Cherish’s mother) 911 call. A jury anywhere in the state would have given great weight to this evidence. “It is the evidence in this case, not error, that is cumulative."
4/11/23 Update: New motion filed by Smith cites 12 reasons his 2018 death sentence should be vacated. The State has not yet responded to Smiths motion & has asked for an extension of time to respond. Smith is due back in court 6/5/23.

 

[Niner]

Well - I am coming up with zero searches for his hearing yesterday....

Anyone have better luck than me? TIA if you find something!

And of course I can not access the Duval County court site.

 

[Niner]

@PayrollNerd - since Smith filed another appeal (4/11/23) - which this court hearing was about yesterday - maybe it has a different case # than the one I gave you in the post above (Case ID SC2018-0822).

But ONLY when you have time - can you see if there are any updates? TIA!

 

[PayrollNerd]

@PayrollNerd - since Smith filed another appeal (4/11/23) - which this court hearing was about yesterday - maybe it has a different case # than the one I gave you in the post above (Case ID SC2018-0822).

But ONLY when you have time - can you see if there are any updates? TIA!

I'm not clear on where or what site you need me to look at. There's nothing new on Duval County or the Supreme Court site for him.

 

[Niner]

I'm not clear on where or what site you need me to look at. There's nothing new on Duval County or the Supreme Court site for him.

On post #121 - that is the case I am looking for. I know it says closed but he did file another appeal on it. So thought maybe there was something updated on that court site. I wouldn't bother you, but the link on that post - I can not access.

 

[PayrollNerd]

On post #121 - that is the case I am looking for. I know it says closed but he did file another appeal on it. So thought maybe there was something updated on that court site. I wouldn't bother you, but the link on that post - I can not access.

I searched by his name but nothing new exists unfortunately. The existing case has no updates, it’s still closed. I’m not sure if they would update that one, as in reopen it, or start a new case.

 

[Niner]

I searched by his name but nothing new exists unfortunately. The existing case has no updates, it’s still closed. I’m not sure if they would update that one, as in reopen it, or start a new case.

Okay - thanks for taking the time to check this out.

Guess I shall just have to wait for an article on what might have happened at his hearing on the motions hearing re appeal on 6/5/23.

 

[twall]

@Niner here is the latest from WJXT I could find on DS dated 05/19/2023-incorrect info. in article, appeal was not filed in April, it was filed in January, see my post below summary of May article.

State Attorney’s Office responds to Donald Smith’s push for new trial in Cherish Perrywinkle case

The man who killed 8-year-old Cherish Perrywinkle in 2013 is pushing for a new trial in a lengthy appeal.

www.news4jax.com

JACKSONVILLE, Fla. – The State Attorney’s Office has filed a response to the motion for a new trial for the man convicted of killing 8-year-old Cherish Perrywinkle, arguing it should be “summarily denied.”

A 78-page appeal was filed in April by lawyers for Smith, who was sentenced to death after the case took five years to go to trial. The appeal cited multiple things in his trial that he argues invalidate his original conviction, including:

• Claims his lawyer “was ineffective for failing to identify, interrogate and strike a biased juror.”
• Also claims that his lawyer didn’t do a good enough job over things like “failure to object to the 911 call” and “failure to object to digitally altered photographs”
• Critical of mental health expert who testified that Smith was “the most dangerous pedophile she had ever met”

The SAO said Smith’s lawyers’ claims of ineffective counsel are not valid, conclusively rebutted by the record and meritless as a matter of law.

In response to the grounds that there was no cross-examination of Rayne Perrywinkle, who is Cherish’s mother, the SAO said Smith’s new lawyers can’t claim that was ineffective because trial counsel followed his wishes.

The SAO also said that Smith’s claims regarding the trial counsel being ineffective for not convincing him to concede guilt and go straight to the penalty phase are meritless because he made the decision to reject their advice.

As for the claims that Dr. Heather Holmes’ testimony undermined the defense’s strategy, the SAO said Smith was in full agreement to call her as a witness.

The SAO also pointed out that these agreements for a new trial have already been denied by the Florida Supreme Court.

04/10/2023 WJXT report on January appeal filed-

Man sentenced to death for killing Cherish Perrywinkle pushes for new trial in lengthy appeal

The man who killed 8-year-old Cherish Perrywinkle in 2013 is pushing for a new trial in a lengthy appeal.

www.news4jax.com

Link to 78 page appeal filed in January 2023 if you cannot access the above where it is posted.

https://s3.documentcloud.org/documents/23771397/smithnewappeal.pdf

 

[Niner]

@Niner here is the latest from WJXT I could find on DS dated 05/19/2023-incorrect info. in article, appeal was not filed in April, it was filed in January, see my post below summary of May article.

State Attorney’s Office responds to Donald Smith’s push for new trial in Cherish Perrywinkle case

The man who killed 8-year-old Cherish Perrywinkle in 2013 is pushing for a new trial in a lengthy appeal.

www.news4jax.com

JACKSONVILLE, Fla. – The State Attorney’s Office has filed a response to the motion for a new trial for the man convicted of killing 8-year-old Cherish Perrywinkle, arguing it should be “summarily denied.”

A 78-page appeal was filed in April by lawyers for Smith, who was sentenced to death after the case took five years to go to trial. The appeal cited multiple things in his trial that he argues invalidate his original conviction, including:

• Claims his lawyer “was ineffective for failing to identify, interrogate and strike a biased juror.”
• Also claims that his lawyer didn’t do a good enough job over things like “failure to object to the 911 call” and “failure to object to digitally altered photographs”
• Critical of mental health expert who testified that Smith was “the most dangerous pedophile she had ever met”

The SAO said Smith’s lawyers’ claims of ineffective counsel are not valid, conclusively rebutted by the record and meritless as a matter of law.

In response to the grounds that there was no cross-examination of Rayne Perrywinkle, who is Cherish’s mother, the SAO said Smith’s new lawyers can’t claim that was ineffective because trial counsel followed his wishes.

The SAO also said that Smith’s claims regarding the trial counsel being ineffective for not convincing him to concede guilt and go straight to the penalty phase are meritless because he made the decision to reject their advice.

As for the claims that Dr. Heather Holmes’ testimony undermined the defense’s strategy, the SAO said Smith was in full agreement to call her as a witness.

The SAO also pointed out that these agreements for a new trial have already been denied by the Florida Supreme Court.

04/10/2023 WJXT report on January appeal filed-

Man sentenced to death for killing Cherish Perrywinkle pushes for new trial in lengthy appeal

The man who killed 8-year-old Cherish Perrywinkle in 2013 is pushing for a new trial in a lengthy appeal.

www.news4jax.com

Link to 78 page appeal filed in January 2023 if you cannot access the above where it is posted.

https://s3.documentcloud.org/documents/23771397/smithnewappeal.pdf

Thank you for this! I was beginning to wonder "where" I got the April appeal that he filed. Now I see that article was wrong. I have corrected my notes.

 

[Niner]

Ah - came up with this article!

Remembering Cherish Perrywinkle: 10 years since Jacksonville girl was kidnapped, raped, killed

It’s been ten years since 8-year-old Cherish Perrywinkle was abducted from a Jacksonville Walmart by a convicted sex offender.

news.yahoo.com

June 21, 2023
and down a ways in article:
.....
In 2020, the Florida Supreme Court took up an appeal from Smith, who asked for a new trial.

In April 2021, the Florida Supreme Court unanimously upheld Smith’s conviction and death sentence. Smith is again appealing his case and a case management conference is set for July 24.

Smith is on death row, currently being held in maximum security at Union Correctional Institution in Raiford.

 

[Niner]

Monday, July 24th:
*Case Management Hearing (re Appeal) (@ am ET) - FL - Cherish Perrywinkle (8) (June 21, 2013, Jacksonville. Investigators found that Smith abducted Cherish by luring her into his van at a Northside Walmart. Smith was later arrested on Interstate 95 shortly before Cherish was found in a creek.) - Donald James Smith (56 @ time of crime/now 67) – indicted (6/21/13) and found guilty (8/13/18) (juror took only 14 minutes) of 1st degree murder, kidnapping & rape. Jurors unanimously recommended death penalty.
8/13/18: On the day before Smith was to be sentenced in the 2013 kidnap, rape & murder of 8-year-old Cherish, his lawyers filed a motion seeking a new penalty phase. Sentenced by Judge Mallory Cooper: Count 3 (rape) - Life in Prison; Count 2 (kidnapping) - Life in Prison; Count 1 (murder) – Death.
Court info from 8/31/18 thru 4/22/21 reference post #122 here:
https://www.websleuths.com/forums/t...-jacksonville-6-21-13-6-graphic.366513/page-7
4/11/23 Update: New motion filed (on 1/9/23) by Smith cites 12 reasons his 2018 death sentence should be vacated. The State has not yet responded to Smiths motion & has asked for an extension of time to respond. Smith is due back in court 6/5/23.
6/21/23 Update: In 2020, the Florida Supreme Court took up an appeal from Smith, who asked for a new trial. In April 2021, the Florida Supreme Court unanimously upheld Smith’s conviction and death sentence. Smith is again appealing his case and a case management conference is set for 7/24/23 (per article post #131). Smith is on death row, currently being held in maximum security at Union Correctional Institution in Raiford.

 

[JerseyGirl]

10 years later, Cherish Perrywinkle's killer, Donald Smith, is granted new hearing

Ten years after Cherish Perrywinkle was kidnapped and murdered, Donald James Smith's death penalty case is returning to a Duval County courtroom.

www.jacksonville.com

Monday’s status hearing was to determine whether a full evidentiary hearing, including sworn testimony from Smith’s trial attorneys, should be held at a later date. The judge agreed a hearing was required and set it for Dec. 4. That hearing is expected to last at least a day.

 

[Niner]

Monday, December 4th:
*Case Management Hearing (re Appeal) (@ am ET) - FL - Cherish Perrywinkle (8) (June 21, 2013, Jacksonville. Investigators found that Smith abducted Cherish by luring her into his van at a Northside Walmart. Smith was later arrested on Interstate 95 shortly before Cherish was found in a creek.) - Donald James Smith (56 @ time of crime/now 67) – indicted (6/21/13) and found guilty (8/13/18) (juror took only 14 minutes) of 1st degree murder, kidnapping & rape. Jurors unanimously recommended death penalty.
8/13/18: On the day before Smith was to be sentenced in the 2013 kidnap, rape & murder of 8-year-old Cherish, his lawyers filed a motion seeking a new penalty phase. Sentenced by Judge Mallory Ciooper: Count 3 (rape) - Life in Prison; Count 2 (kidnapping) - Life in Prison; Count 1 (murder) – Death.
Court info from 8/31/18 thru 4/11/23 reference post #132 here:
https://www.websleuths.com/forums/t...-jacksonville-6-21-13-6-graphic.366513/page-7
6/21/23 Update: In 2020, the Florida Supreme Court took up an appeal from Smith, who asked for a new trial. In April 2021, the Florida Supreme Court unanimously upheld Smith’s conviction and death sentence. Smith is again appealing his case and a case management conference is set for 7/24/23 (per article post #131). Smith is on death row, currently being held in maximum security at Union Correctional Institution in Raiford.
7/24/23 Update: Monday a judge agreed to grant a hearing on Smith's post-conviction claims that his original trial attorneys were ineffective. Smith didn't appear in court. However, attorneys handling his post-conviction process told Senior Circuit Judge Mallory Cooper the hearing was required. “Defendants are entitled to a trial,” Smith’s attorney Ann Marie Mirialakis told Cooper, who presided over the 2018 death penalty trial. “You are entitled to something more than a licensed attorney sitting at a table.” However, Sheila Loizos, director of the State Attorney’s Office’s legal division, argued that decision was made by Smith. He instructed his attorneys not to question Rayne Perrywinkle; they simply followed his instructions. “Smith was convicted on video & DNA evidence, and not whether a fairly minor witness was not cross-examined at his request,” Loizos said. She called the evidence against Smith “overwhelming.” Monday’s status hearing was to determine whether a full evidentiary hearing, including sworn testimony from Smith’s trial attorneys, should be held at a later date. The judge agreed a hearing was required & set it for 12/4/23. That hearing is expected to last at least a day.

 

[pukasonqo2]

Monday, December 4th:
*Case Management Hearing (re Appeal) (@ am ET) - FL - Cherish Perrywinkle (8) (June 21, 2013, Jacksonville. Investigators found that Smith abducted Cherish by luring her into his van at a Northside Walmart. Smith was later arrested on Interstate 95 shortly before Cherish was found in a creek.) - Donald James Smith (56 @ time of crime/now 67) – indicted (6/21/13) and found guilty (8/13/18) (juror took only 14 minutes) of 1st degree murder, kidnapping & rape. Jurors unanimously recommended death penalty.
8/13/18: On the day before Smith was to be sentenced in the 2013 kidnap, rape & murder of 8-year-old Cherish, his lawyers filed a motion seeking a new penalty phase. Sentenced by Judge Mallory Ciooper: Count 3 (rape) - Life in Prison; Count 2 (kidnapping) - Life in Prison; Count 1 (murder) – Death.
Court info from 8/31/18 thru 4/11/23 reference post #132 here:
https://www.websleuths.com/forums/t...-jacksonville-6-21-13-6-graphic.366513/page-7
6/21/23 Update: In 2020, the Florida Supreme Court took up an appeal from Smith, who asked for a new trial. In April 2021, the Florida Supreme Court unanimously upheld Smith’s conviction and death sentence. Smith is again appealing his case and a case management conference is set for 7/24/23 (per article post #131). Smith is on death row, currently being held in maximum security at Union Correctional Institution in Raiford.
7/24/23 Update: Monday a judge agreed to grant a hearing on Smith's post-conviction claims that his original trial attorneys were ineffective. Smith didn't appear in court. However, attorneys handling his post-conviction process told Senior Circuit Judge Mallory Cooper the hearing was required. “Defendants are entitled to a trial,” Smith’s attorney Ann Marie Mirialakis told Cooper, who presided over the 2018 death penalty trial. “You are entitled to something more than a licensed attorney sitting at a table.” However, Sheila Loizos, director of the State Attorney’s Office’s legal division, argued that decision was made by Smith. He instructed his attorneys not to question Rayne Perrywinkle; they simply followed his instructions. “Smith was convicted on video & DNA evidence, and not whether a fairly minor witness was not cross-examined at his request,” Loizos said. She called the evidence against Smith “overwhelming.” Monday’s status hearing was to determine whether a full evidentiary hearing, including sworn testimony from Smith’s trial attorneys, should be held at a later date. The judge agreed a hearing was required & set it for 12/4/23. That hearing is expected to last at least a day.

So his appeals have been ongoing for 10 years, this is longef than the lenght of Cherish’s life

 

[BrownRice]

One of the saddest cases ever.

 

[alexwood]

So his appeals have been ongoing for 10 years, this is longef than the lenght of Cherish’s life

Yeah. His goal is to string it out long enough that he dies in prison before they can put him to death. Despicable coward.

 

[alexwood]

Thank you so much, Niner, for always keeping us up-to-date and informed on all the cases!

 

[BUF]

One of the saddest cases ever.

It surely was.…what this monster did to that poor little girl. He is the lowest of low. I still remember how the ME wept on the stand describing what was done to her.

 

[Niner]

Thank you so much, Niner, for always keeping us up-to-date and informed on all the cases!

my pleasure - and you' are quite welcome!