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Brian Smith v. Florida
Paid petition · Supreme Court of Florida, No. SC2025-0298 · judgment March 6, 2025
Before the decision, well below the 4.1% base rate: the model weighted this down for a self-represented petitioner.
Question presented
Does case law from the Florida Supreme Court in 1999 take Precedence over Case law from the Florida 1st DCA in 1988? When a circuit court judge does not use due diligence with the law he is basing his decision on, the Appellate court is prejudiced against your style of case issuing a PCA and the Florida Supreme Court can't touch a PCA, what remedy is left on the path to a Jury Trial as they can’t find me guilty of possessing something that I did not have? -1 -
Counsel of record
For petitioner
Brian Smith
For respondent
Rebecca Rock McGuigan
Office of Florida Attorney General
Case
Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)
Conference history
Distributed for 1 conference
Order
Order list, October 6, 2025 · Certiorari denied
Proceedings
- Oct 06 2025Petition DENIED.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 08 2025Waiver of right of respondent Florida to respond filed.
- Jun 04 2025Petition for a writ of certiorari filed. (Response due September 22, 2025)