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Brian Smith v. Florida

Paid petition · Supreme Court of Florida, No. SC2025-0298 · judgment March 6, 2025


Certiorari denied · October 6, 2025
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 06 2025
    Petition DENIED.
  2. Sep 10 2025
    DISTRIBUTED for Conference of 9/29/2025.
  3. Sep 08 2025
    Waiver of right of respondent Florida to respond filed.
  4. Jun 04 2025
    Petition for a writ of certiorari filed. (Response due September 22, 2025)