The Commission on Capital Cases updates thisinformation regularly. This information, however, is subject to changeand may not reflect the latest status of an inmate’s case and should not berelied upon for statistical or legal purposes.
SMITH, Derrick Tyrone (B/M)
DC # 490606
DOB: 08/07/62
Sixth Judicial Circuit, Pinellas County, Case #83-2653
Sentencing Judge: The Honorable William W. Walker
Resentencing Judge: The Honorable Claire K. Luten
Attorneys, Trial: Richard G. Smith and Thomas Dennely –Assistant Public Defenders
Attorney, Direct Appeal (1st): W.C. McLain – AssistantPublic Defender
Attorney, Direct Appeal (2nd): Paul C. Helm –Assistant Public Defender
Attorney, Collateral Appeals: Martin McClain –Registry
Date of Offense: 03/21/83
Date of Sentence (1st): 11/29/83
Date of Sentence (2nd): 07/13/90
Circumstances of Offense:
Derrick Tyrone Smith was convicted and sentenced to deathfor the murder of Jeffery Songer.
On 03/21/83, Derrick Smith and Derrick Johnson carried out arobbery which they had previously planned. Following their plan, Smithcalled for a cab from a St. Petersburg restaurant payphone. A cab driver,Jeffery Songer, picked up the two men who requested to be taken to a nearbyresidential area. After becoming suspicious, Songer radioed an emergencycode to his dispatch. His dispatch called the police and also sent anothercab driver to answer Songer’s distress call. The police and other cabdriver found Songer lying about 70 feet from the car, dead from a gunshot woundto the back.
A witness was able to identify Smith and Johnson. Hetestified to seeing Smith shoot Songer in the back when he tried to run fromthe taxicab. Another witness testified at trial to Smith robbing him andhis wife in their motel room at gunpoint with a firearm similar to the one usedto kill Songer. Smith pled guilty to those charges and received a life sentence.
The firearm used to kill Songer was never found. Smith’s uncle, however, reported that a firearm of the same type, a.38-caliber pistol, was missing from his home which several people testified toseeing Smith with shortly before the murder. Furthermore, the police wereable to match the type of bullet that killed Songer to bullets that Smith’suncle had bought for his missing firearm. Smith’s fingerprints were alsofound on the restaurant pay telephone that had been used to call for the taxicab.
During the investigation, Smith said that he had sold thefirearm the day before the murder to Johnson. Smith admitted that hecalled for the taxicab, but claims that at the last minute he changed his mindabout the robbery and decided not to go.
Additional Information:
Current Prison Sentence History |
| Offense Date | Offense | Sentence Date | County | Case No. | Sentence Length |
| 03/21/1983 | Robbery W/Firearm | 11/29/83 | Pinellas | 8303268 | Life |
| 12/03/1988 | | 10/11/90 | Pinellas | 8817286 | 30 Years |
| 10/21/1989 | Battery on a Law Enforcement Officer | 01/02/91 | Pinellas | 8917928 | 5 Years |
Codefendant Information:
Derrick Johnson (Pinellas County Circuit Court # 83-2904)
Derrick Johnson was convicted of Second Degree Murder on12/20/83 for his role in the murder of Songer on 03/21/93. Johnsonreceived a life sentence.
Trial Summary:
05/24/83 Smith was indicted on the following counts:
Count I: First-Degree Murder
11/10/83 Smith was found guilty for Count I of the indictment at the first trial.
11/10/83 Upon advisory sentencing, the jury, by a 7 to 5 majority, voted for the deathpenalty.
11/29/83 Smith was sentenced as follows:
Count I: First-Degree Murder – Death
07/17/86 FSC reversed the conviction and sentence and remanded the case to the trialcourt for a new trial.
05/12/90 The jury found Smith guilty for Count I of the indictment at the second trial.
05/16/90 Upon advisory sentencing, the jury, by an 8 to 4 majority, voted for the deathpenalty.
07/13/90 Smith was sentenced as follows:
Count I: First-Degree Murder – Death
Appeals Summary:
Florida Supreme Court – Direct Appeal (1st)
FSC #64,670
492 2d. 1063 (Fla. 1986)
12/27/83 Appeal filed.
07/17/86 FSC reversed the conviction and sentence and remanded the case to the trialcourt for a new trial.
09/10/86 Rehearing denied.
10/17/86 Mandate issued.
Florida Supreme Court – Direct Appeal (2nd)
FSC #76,491
641 So. 2d 1319 (Fla. 1994)
08/16/90 Appeal filed.
06/09/94 FSC affirmed the conviction and sentence.
09/12/94 Rehearing denied.
10/14/94 Mandate issued.
United State Supreme Court – Petition for Writ ofCertiorari
USSC #94-7223
513 U.S. 1163; 115 S. Ct. 1129; 130 L. Ed. 2d 1091 (U.S.1995)
02/12/94 Petition filed.
02/21/95 USSC denied the Petition.
Circuit Court – 3.850 Motion
CC #83-2653-CFANO
04/01/97 Motion filed.
10/21/98 Amended Motion filed.
12/06/99 Amended Motion filed.
04/03/00 Amended Motion filed.
09/18/00 Amended Motion filed.
01/11/02 Amended Motion filed.
03/13/02 Amended Motion filed.
07/23/02 Evidentiary held.
02/11/03 Motion denied.
United States Supreme Court – Petition for Writ ofCertiorari
USSC #01-9360
122 S. Ct. 2674; 153 L. Ed. 2d 846; 70 U.S.L.W. 3799 (U.S.2002)
04/01/02 Petition filed.
06/28/02 Petition denied.
08/26/02 Rehearing denied.
Florida Supreme Court – 3.850 Appeal
FSC #03-454
931 So.2d 790 (2006)
03/13/03 Appeal filed.
03/09/06 FSC affirmed the denial of Smith’s 3.850 Motion.
06/08/06 Rehearing denied.
06/26/06 Mandate issued.
Florida Supreme Court – Petition for Writ of HabeasCorpus
FSC #05-100
931 So.2d 790 (2006)
01/18/05 Petition filed.
03/09/06 Petition denied.
06/08/06 Rehearing denied.
06/26/06 Mandate issued.
United States District Court, Middle District – HabeasPetition
USDC-M# 06-1330
07/18/06 Petitionfiled.
08/13/07 Petitiondenied.
10/01/07 Motionfor Certificate of Appealability filed.
10/03/07 Motionfor Certificate of Appealabilitydenied.
10/19/09 Petitiondenied.
11/03/09 Motion to Alter Judgment filed
03/03/10 Motion denied
United States Court of Appeals, 11th Circuit – HabeasPetition Appeal
USCA# 07-14173
09/05/07 Notice of Appeal filed.
06/30/09 Appeal denied and vacated, in part, and remanded to United States DistrictCourt.
08/07/09 Mandate issued.
Circuit Court – 3.850 Motion
CC #83-2653-CFANO
07/02/07 Motion filed.
11/08/07 Motion denied.
12/07/07 Motion for Rehearing filed.
03/27/08 Rehearing denied.
05/30/08 Amended motion filed.
09/09/08 Amended motion denied.
09/29/08 Motion for Rehearing filed.
12/23/08 Notice of Abeyance of Action filed.
09/18/09 Motion for Rehearing denied.
Florida Supreme Court – 3.850 Appeal
FSC# 09-2063
(Pending)
11/05/09 Appeal filed.
United States Court of Appeals, 11th Circuit – HabeasPetition Appeal
USCA# 10-11562
04/05/10 Appeal filed
05/13/10 Appeal dismissed, sua sponte
Factors Contributing to the Delay in Imposition ofSentence:
The first Direct Appeal was pending for three years prior toa decision being rendered. The second Direct Appeal was pending for fouryears prior to the conviction and sentence being affirmed.
Case Information:
Smith filed his Direct Appeal in the Florida Supreme Courton 12/27/83. The Florida Supreme Court determined that the State made aninappropriate comment about Smith exercising his right to remain silent duringthe investigation at the trial and that the trial court admitted statementsmade by the Defendant after the he had established that he would exercise hisright to remain silent. The Florida Supreme Court reversed the convictionand sentence on 07/17/86 and remanded the case for a new trial. Rehearingwas denied on 09/10/86. A mandate was issued on 10/17/86.
On remand from the Florida Supreme Court, the jury foundSmith guilty of First-Degree Murder on 05/12/90 and recommended the sentence ofdeath by a majority of 8 to 4 on 05/16/90. Smith was sentenced to deathon 07/13/90.
Smith filed his Direct Appeal in the Florida Supreme Courton 08/16/90. Addressed issues included the disproportionateness of thedeath sentence in this case and that the trial court erred in not conducting anadequate Richardson inquiry[a]. Furthermore, Smith argued that the trial court violated his right to effectivecounsel and to confront witnesses. The Florida Supreme Court did not finderrors that warranted reversing the conviction or sentence and affirmed theconviction and sentence on 06/09/94. Rehearing was denied on09/12/94. A mandate was issued on 10/14/94.
Smith filed a Petition for Writ of Certiorari on 12/12/94with the United States Supreme Court. The petition was denied on02/21/95.
Smith filed a 3.850 Motion on 04/01/97 with the circuitcourt. Smith filed amended 3.850 Motions on 10/21/98, 12/06/99, 04/03/00,09/18/00, 01/11/02 and 03/13/02. An evidentiary hearing was held on07/23/02. The motion was denied on 02/11/03.
Smith filed a Petition for Writ of Certiorari on 04/01/02with the United States Supreme Court. The petition was denied on06/28/02. Rehearing was denied on 08/26/02.
Smith filed a 3.850 Appeal with the Florida Supreme Court on03/13/03. He raised five claims in the appeal. First, he arguedthat the State withheld exculpatory evidence and presented false and misleadingevidence. Next, he argued that error occurred in the circuit court whenthey limited the scope of his evidentiary hearing. Smith also argued thathis counsel was ineffective during the guilt phase and penalty phase of histrial. Finally, he argued that a newly discovered witness provides evidence ofhis innocence. On 03/09/06, the Florida Supreme Court affirmed the denialof Smith’s 3.850 Motion.
On 01/18/05, Smith filed a Habeas Petition with the FloridaSupreme Court. Smith claimed that the court’s disposition of his directappeal rests on erroneous fact and that the State failed to disclose pertinentfacts regarding his direct appeal. He also claimed his counsel was ineffectiveand that the Florida capital sentencing scheme violates Ring, 536 U.S.584. The petition was denied on 03/09/06.
On 07/18/06, Smith filed a Habeas Petition in the UnitedStates District Court, Middle District. This petition was denied on08/13/07. On 10/01/07, Smith filed a Motion for Certificate ofAppealability which was denied on 10/03/07.
On 09/05/07, Smith filed a Notice of Appeal in the UnitedStates Court of Appeals, 11th Circuit. On 06/30/09, this Appeal wasdenied, in part. However, six claims were vacated and remanded back to theUnited States District Court, Middle District. On 10/19/09, the Habeas Petitionwas denied again by the United States District Court, Middle District. Smithfiled a Motion to Alter Judgment on 11/03/09, and it was denied on 03/03/10.
On 07/02/07, Smith filed a successive 3.850 motion in theCircuit Court. This motion was denied on 11/08/07. Smith filed aMotion for Rehearing on 12/07/07 which was denied on 03/27/08. On05/30/08, Smith filed an Amended 3.850 motion in the Circuit Court. Thismotion was denied on 09/09/08. On 09/29/08, Smith filed a Motion forRehearing. On 12/23/08, the Circuit Court judge filed a Notice ofAbeyance of Action holding this case in abeyance until June 2009. This motionwas denied on 09/18/09.
On 11/05/09, Smith filed an appeal on the 3.850 motion withthe Florida Supreme Court. This case is currently pending.
Smith filed a Notice of Appeal in the United States Court ofAppeals, 11th Circuit on 04/05/10. This Appeal was dismissed, suasponte, on 05/13/10.
Institutional Adjustment:
DATE DAYS VIOLATION LOCATION
-------- ---- ---------------------------- -------------------
04/30/84 60 DISRESP.TOOFFICIALS NEW RIVER
01/10/85 30 DISOBEYINGORDER FSP
01/14/85 0 DISOBEYING ORDER FSP
06/06/85 0 POSS OF UNAUTH CLOTH MIS-TEST
06/17/85 0 DISRESP.TOOFFICIALS FSP
10/21/85 20 SPOKENTHREATS FSP
04/11/86 0 DISOBEYING ORDER FSP
11/24/86 0 SPOKENTHREATS FSP
12/22/86 15 OBSCENE PROFANE ACT FSP
01/11/91 15 LYING TOSTAFF FSP
05/16/91 15 DISOBEYINGORDER FSP
05/25/91 30 DISRESP.TOOFFICIALS FSP
09/02/91 0 OBSCENE PROFANE ACT FSP
05/30/93 0 POSS OF UNAUTHBEV. FSP
05/30/93 0 DISORDERLY CONDUCT FSP
09/10/93 0 DISOBEYING ORDER UNION C. I.
09/11/93 0 DISRESP.TO OFFICIALS UNION C. I.
09/16/93 0 DISRESP.TO OFFICIALS UNION C. I.
09/21/93 0 DISOBEYING ORDER UNION C. I.
12/11/93 0 DISOBEYING ORDER UNION C. I.
01/01/94 0 DISOBEYING ORDER UNION C. I.
02/04/94 0 DISORDERLY CONDUCT UNION C.I.
02/11/94 30 SPOKENTHREATS UNION C.I.-MED.
02/11/94 0 DISORDERLY CONDUCT UNION C.I.-MED.
02/12/94 0 DISORDERLY CONDUCT UNION C.I.-MED.
03/23/94 13 SPOKENTHREATS UNION C.I.
04/01/94 0 DISRESP.TO OFFICIALS UNION C. I.
06/22/94 0 DISOBEYING ORDER UNION C. I.
06/28/94 0 DISOBEYING ORDER UNION C. I.
07/03/94 0 DISOBEYINGORDER UNION C. I.
07/13/94 0 SPOKEN THREATS UNION C.I.
07/31/94 0 DISOBEYING ORDER UNION C.I.-MED.
08/17/94 0 REF. SUB. ABUSETEST UNION C. I.
09/12/94 0 REF. SUB. ABUSE TEST UNION C. I.
10/12/94 0 DISRESP.TO OFFICIALS UNION C. I.
01/20/96 0 SPOKEN THREATS UNION C.I.
03/29/96 0 DISOBEYING ORDER UNION C. I.
11/19/96 0 DISOBEYINGORDER UNION C.I.-MED.
03/05/97 0 DISRESP.TO OFFICIALS UNIONC.I.-MED.
03/20/98 0 DISRESP.TO OFFICIALS UNION C. I.
05/20/98 0 DISORDERLY CONDUCT UNION C.I.-MED.
05/20/98 0 UNAUTH USE OF DRUGS UNION C.I.-MED.
06/17/98 0 POSS OF CONTRABAND UNION C. I.
06/22/98 0 POSS OFCONTRABAND UNION C. I.
12/07/98 0 DISRESP.TO OFFICIALS UNION C. I.
12/22/98 0 DISOBEYING ORDER UNION C. I.
01/17/99 0 POSS OF CONTRABAND UNION C. I.
03/10/99 0 DISRESP.TO OFFICIALS UNION C. I.
03/21/99 0 POSS OF CONTRABAND UNION C. I.
03/22/99 0 POSS OF CONTRABAND UNION C. I.
03/13/00 0 DISORDERLY CONDUCT UNION C. I.
03/20/00 0 POSS OFCONTRABAND UNION C. I.
03/23/00 0 DISRESP.TO OFFICIALS UNION C. I.
05/21/00 0 DISRESP.TO OFFICIALS UNION C. I.
06/18/00 0 DISOBEYING ORDER UNION C. I.
08/24/00 0 SPOKEN THREATS UNION C.I.
12/11/01 0 DISORDERLY CONDUCT UNION C.I.
12/08/02 0 DISRESP.TO OFFICIALS UNION C. I.
06/11/04 0 DISOBEYING ORDER UNION C. I.
06/11/04 0 DISRESP.TOOFFICIALS UNION C. I.
10/25/04 0 UNARMED ASSAULT UNION C. I.
_______________________________________________________________________
Report Date: 03/29/02 S.Q.
Approved: 04/15/02 W.S.
Updated: 06/16/10 EMJ