The Commission on Capital Cases updates this information regularly. This information, however, is subject to change and may not reflect the latest status of an inmate’s case and should not be relied upon for statistical or legal purposes.
SMITH, Sean AKA Dolan Darling (B/M)
DOB: 05/28/76
Ninth Judicial Circuit, Orange County, Case #97-7497
Sentencing Judge: The Honorable John Adams
Attorney, Trial: R. LeBlanc and F. Iennaro – Special Public Defenders
Attorney, Direct Appeal: Christopher Quarles – Assistant Public Defender
Attorneys, Collateral Appeals: Mark Gruber and David Hendry – CCRC-M
Date of Offense: 10/29/96
Date of Sentence: 12/18/98
Circumstances of Offense:
Sean Smith was convicted and sentenced to death for the murder of Grazyna Mlynarczyk.
On 10/29/96, Mlynarczyk was found dead her bedroom by her boyfriend, Zdzislaw Raminiski. Mlynarczyk was naked from the waist down and had been shot in the head.
The morning of Mlynarczyk’s murder, she had told Zdzislaw that she had a doctor’s appointment and would call him afterwards. Mlynarczyk never called, and Zdzislaw was not able to contact her by phone. At this time, Zdzislaw went to Mlynarczyk’s residence and entered using his key. Zdzislaw found Mlynarczyk, naked from the waist down, lying in her bedroom and moved her to the bed. He noted that she was cold and covered in blood. Zdzislaw then called the police.
Firefighters responded to Zdzislaw’s call and determined that Mlynarczyk was dead. Officers secured items from the scene, including a lotion bottle, a woman’s undergarment, a pillow with a gun shot entering one side and exiting the other, two AmSouth Bank envelopes holding a total of $1,200, a shoe box holding $1,000 and a wallet holding $58. The officers also canvassed the area for possible witnesses. The police contacted Smith during the canvassing because he lived in an apartment close to Mylnarczyk’s, but he told police that he had been working and did not know about the incident.
A medical examiner determined that Mlynarcyk was shot at close range through the pillow. According to the medical examiner, there was semen in Mlynarczyk’s vaginal area; furthermore, Mlynarczyk had a tear to the labia majora caused by trauma to the vagina, which was associated with nonconsensual sex. The DNA of the semen collected from Mlynarczyk’s body matched the DNA obtained from Smith’s blood sample. Furthermore, a trial expert, using statistical analysis, determined that Smith’s DNA profile would be found in 1 out of 101 billion African Americans. Finally, Smith’s fingerprints were matched to the lotion bottle secured by the police from Mlynarczyk’s home.
Additional Information:
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Current Prison Sentence History: |
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Offense Date |
Offense |
Sentence Date |
County |
Case No. |
Sentence Length |
|
11/07/96 |
Carjack w/ Deadly Weapon |
04/04/97 |
Orange |
9613626 |
10 Years, 6 Months |
|
11/07/96 |
Robbery w/o Deadly Weapon |
04/04/97 |
Orange |
9613626 |
10 Years, 6 Months |
|
11/07/96 |
Agg. Battery w/Deadly Weapon |
Orange |
9613626 |
10 Years, 6 Months |
|
Orange County Circuit Court # 96-13626
Gerald Paul Daigneault, a cab driver, testified that he picked up Smith as a passenger on 11/07/96. Smith proceeded to rob Daigneault at gunpoint. Even though Daigneault gave Smith the money that he demanded, Smith shot him in the back of the head. Daigneault opened the door and rolled out onto the ground ‘playing dead’ until Smith drove away in Daigneault’s car. On 04/04/97, Smith was sentenced to three sentences of 10 years, 6 months and 5 days for Carjacking with a Deadly Weapon, Robbery without a Deadly Weapon and Aggravated Battery with a Deadly Weapon.
Trial Summary:
06/12/97 Smith was indicted on the following:
Count I: First-Degree Murder
Count II: Armed Sexual Battery
Count III: Armed Robbery
12/03/98 Smith was found guilty on Counts I and II.
Smith was found not guilty on Count III.
12/15/98 Upon advisory sentencing, the jury, by an 11 to 1 majority, voted for the death penalty.
12/18/98 Smith was sentenced as follows:
Count I: First-Degree Murder – Death
Count II: Armed Sexual Battery – 21 Years, 4 months and 15 days
Appeals Summary:
Florida Supreme Court – Direct Appeal
FSC #94,691
808 So. 2d 145
01/14/99 Appeal filed.
01/03/02 FSC affirmed the conviction and sentence.
02/12/02 Rehearing denied.
02/12/02 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC #01-10548
537 U.S. 848
05/13/02 Petition filed.
10/07/02 Petition denied.
State Circuit Court – 3.850 Motion
CC #97-7497
09/24/03 Motion filed.
04/26-30/04 Evidentiary hearing held.
11/02/04 Motion denied.
Florida Supreme Court – 3.850 Appeal
FSC # 04-2379
966 So.2d 366 (2007)
12/17/04 Appeal filed.
07/12/07 FSC affirmed denial of motion.
07/26/07 Motion for Rehearing filed.
09/26/07 Motion for Rehearing denied.
10/12/07 Mandate issued.
Florida Supreme Court – Petition for Writ of Habeas Corpus
FSC# 05-2020
966 So.2d 366 (2007)
11/02/05 Petition filed.
07/12/07 FSC denied petition.
10/12/07 Mandate issued.
United States District Court, Middle District – Petition for Writ of Habeas Corpus
USDC# 07-cv-01701
10/24/07 Petition filed.
06/17/10 Petition denied.
United States Court of Appeals, 11th District –Habeas Appeal
USCA# 10-13408
619 F.3d 1279
07/16/10 Appeal filed.
09/14/10 Certificate of Appealability denied.
State Circuit Court – 3.851 Motion
CC# 97-7497
11/08/07 Motion filed.
02/27/08 Order holding motion in abeyance pending FSC opinion.
03/05/08 State’s Motion for Rehearing filed.
06/05/08 Motion for Rehearing granted; Stay lifted.
10/06/08 Amended motion filed.
02/20/09 Amended motion denied.
Florida Supreme Court – 3.851 Appeal
FSC# 09-555
03/27/09 Appeal filed.
07/01/10 FSC affirmed denial of postconviction motion.
07/16/10 Motion for Rehearing.
09/15/10 Motion denied.
10/04/10 Mandate issued.
United States Supreme Court – Petition for Writ of Certiorari
USSC# 10-7932
12/09/10 Petition filed.
02/22/11 Petition denied.
Factors Contributing to the Delay in Imposition of Sentence:
The Direct Appeal was pending for three years prior to a decision being rendered.
Case Information:
Smith filed his Direct Appeal in the Florida Supreme Court on 01/14/99. The issues addressed included that the trial court erred in denying Smith’s motion for judgment of acquittal, in admitting DNA evidence and testimony of a medical expert, in limiting defense questioning of prospective jurors and that the death penalty was not proportional. The Florida Supreme Court did not find errors that warranted reversing the conviction or sentence and affirmed the conviction and sentence on 01/03/02. Rehearing was denied on 02/12/02. A mandate was issued on 02/12/02.
Smith filed a Petition for Writ of Certiorari in the United States Supreme Court on 05/13/02. The petition was denied on 10/07/02.
Smith filed a 3.850 Motion in the circuit court on 09/24/03. The motion was denied on 11/02/04.
On 12/17/04, Smith filed a 3.850 Appeal in the Florida Supreme Court. On 07/12/07, the FSC affirmed denial of motion. On 07/26/07, Smith filed a Motion for Rehearing in the Florida Supreme Court, which was denied 09/26/07. The Florida Supreme Court issued a mandate in accordance with the 07/12/07 opinion on 10/12/07.
On 11/02/05, Smith filed a Petition for Writ of Habeas Corpus in the Florida Supreme Court. On 07/12/07, the FSC denied the petition. The Florida Supreme Court issued a mandate in accordance with the 07/12/07 opinion on 10/12/07.
Smith filed a Petition for Writ of Habeas Corpus in the United States District Court, Middle District, on 10/24/07. This petition was denied and dismissed with prejudice on 06/17/10.
On 0716/10, Smith filed a Habeas Corpus Appeal in the United States Court of Appeals. A Certificate of Appealability was denied on 09/14/10.
On 11/08/07, Smith filed a 3.851 Motion in the Circuit Court. On 02/27/08, the Circuit Court ordered this motion be held in abeyance pending the Supreme Court’s opinion. On 03/05/08, the State filed a Motion for Rehearing. The Circuit Court granted rehearing as well as lifted the stay on 06/05/08. On 10/06/08, Smith filed an amended 3.851 motion in the Circuit Court. This motion was denied on 02/20/09.
On 03/27/09, Smith filed a 3.851 Appeal in the Florida Supreme Court on 06/30/09. On 07/01/10, the Florida Supreme Court affirmed the denial of the postconviction motion. A Motion for Rehearing was filed on 07/16/10 and denied on 09/15/10. A mandate was issued on 10/04/10.
Smith filed a Petition for Writ of Certiorari in the United States Supreme Court on 12/09/10. This petition was denied on 02/22/11.
Institutional Adjustment:
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DATE |
DAYS |
VIOLATION |
LOCATION |
|
02/04/98 |
0 |
PART.IN RIOTS |
MAYO C. I. |
|
03/28/01 |
0 |
FIGHTING |
UNION C. I. |
________________________________________________________________________
Report Date: 07/01/02 S.Q.
Approved: 08/08/02 W.S.
Updated: 03/09/11 EMJ