Kayan Emmanuel Smith v. State of Florida

Summary

The Florida Fourth District Court of Appeal affirmed the denial of Kayan Emmanuel Smith’s Florida Rule of Criminal Procedure 3.850 motion. In a specially concurring opinion, Judge Warner addressed the State’s obligation under Florida Rule of Appellate Procedure 9.141(b)(3) to brief contested claims, warning that failure to do so may forfeit the State’s right to respond.

Holdings

1. The order denying Smith's motion for postconviction relief is affirmed.
2. In the specially concurring judge's view, when an evidentiary hearing is held on at least one claim and the appeal proceeds under rule 9.141(b)(3), the appellee must address all issues raised in the initial brief that it contests; failure to do so may forfeit the State's right to respond and may be viewed as a concession of error.

Questions Presented

1. Whether the circuit court's order denying Smith's rule 3.850 motion should be affirmed.
2. Under the specially concurring opinion, whether the State must address all contested issues in its answer brief when a postconviction appeal proceeds under Florida Rule of Appellate Procedure 9.141(b)(3), including claims summarily denied.

Disposition

affirmed