The Florida Supreme Court has affirmed a circuit court's summary denial of death row inmate Samuel L. Smithers' successive motion to vacate his two death sentences, according to a per curiam opinion issued Oct. 7, 2025. Smithers, who currently has an active death warrant, exhausted another avenue of appeal in the case that stems from murders committed at a Plant City property in 1996.
The court's brief opinion in *Smithers v. State of Florida* (No. SC2025-1507) provides little detail about the specific claims raised in Smithers' postconviction motion, noting only that the circuit court properly denied the successive petition for relief. The Florida Supreme Court exercised jurisdiction under Article V, Section 3(b)(1) of the Florida Constitution, which grants the high court authority over death penalty appeals.
The case traces back to crimes committed at a 27-acre vacant property in Plant City where Smithers worked as a groundskeeper. According to the court's 2002 opinion on direct appeal cited in the recent decision, Smithers had agreed in 1995 to maintain the lawn at the property, which included three ponds. The property owner had given Smithers a key to the gate but not to the house on the premises.
The murders occurred in May 1996, shortly after Smithers had completed lawn maintenance during the week of May 20. The property owner paid Smithers on May 26, but when the owner returned to check on the property a couple days later, he discovered Smithers' truck parked outside the carport with Smithers sitting nearby cleaning an axe.
When questioned about his presence, Smithers told the owner he had returned to cut tree limbs. However, the owner noticed a pool of blood on the carport, which Smithers attempted to explain away by suggesting someone must have killed a small animal. Smithers promised to clean up the blood.
Concerned by the discovery, the property owner contacted the Sheriff's Department and met with a deputy at the location. Although Smithers had cleaned up the blood by the time law enforcement arrived, investigators noticed drag marks in the grass leading to one of the ponds on the property.
A search of the pond revealed the body of Cristy Cowan floating in the water. Further investigation by a dive team led to the discovery of a second body, later identified as Denise, though the recent court opinion cuts off before providing the second victim's full name.
The Florida Supreme Court previously addressed Smithers' case on direct appeal in 2002, affirming his convictions and death sentences in *Smithers v. State*, 826 So. 2d 916 (Fla. 2002). The recent decision represents another chapter in the lengthy appellate process that typically accompanies capital punishment cases in Florida.
Successive postconviction motions in death penalty cases face heightened procedural hurdles under Florida law. Defendants must typically demonstrate that new evidence has emerged or that fundamental constitutional violations occurred that were not previously raised. Courts apply strict standards when evaluating such successive petitions to prevent indefinite delays in carrying out death sentences.
The timing of the court's decision is notable given that Smithers currently has an active death warrant. Florida governors typically sign death warrants to schedule executions after inmates have exhausted their initial rounds of appeals, though additional legal challenges often arise that can delay scheduled executions.
The per curiam nature of the opinion indicates that the court viewed the legal issues as settled and not requiring extensive analysis. Per curiam decisions, issued by the court as a whole rather than authored by an individual justice, are typically reserved for cases where the legal principles are well-established.
Smithers' case joins a long line of Florida death penalty appeals that have worked their way through the state's court system. Florida has one of the largest death row populations in the United States, with more than 300 inmates currently awaiting execution.
The state's capital punishment system has faced scrutiny in recent years over various procedural issues, including jury selection processes and the role of mental health evidence in sentencing. However, the recent Smithers decision suggests the court found no merit in the specific claims raised in his successive postconviction motion.
With the denial of this appeal and an active death warrant in place, Smithers appears to have limited remaining legal options. Defense attorneys in capital cases often pursue federal habeas corpus petitions or seek clemency from the governor as final avenues for challenging death sentences.
The Florida Supreme Court's affirmation means the circuit court's summary denial will stand, moving Smithers closer to execution for the 1996 murders of Cristy Cowan and the second victim whose identity was partially redacted in the available court documents.