Jacksonville, Florida, December 11, 2025
The Florida Supreme Court is currently reviewing Donald Smith’s petition for a new trial in the murder case of 8-year-old Cherish Perrywinkle. Smith, convicted of her abduction, rape, and murder in 2018, argues that his prior legal counsel was ineffective. The court’s ruling will significantly impact both Smith’s appeal and the local community, still reeling from the tragic events surrounding the case. As the legal proceedings unfold, Smith’s defense highlights perceived errors during his initial trial, while the state asserts that overwhelming evidence supported the conviction.
Jacksonville, Florida: Florida Supreme Court Considers Appeal in Cherish Perrywinkle Murder Case
On December 10, 2025, the Florida Supreme Court heard arguments regarding Donald Smith’s request for a new trial. Smith, convicted in 2018 for the abduction, rape, and murder of 8-year-old Cherish Perrywinkle in 2013, is seeking to overturn his conviction and death sentence. His defense attorneys argue that his previous legal representation was inadequate during the penalty phase of his trial, particularly criticizing the decision to call Dr. Heather Holmes, a clinical and forensic psychologist, whose testimony they claim was prejudicial and redundant. The state counters that the evidence against Smith was overwhelming, including surveillance footage and DNA evidence, and that any alleged errors did not affect the trial’s outcome. The court has yet to issue a decision on Smith’s appeal.
Background of the Case
In June 2013, Cherish Perrywinkle was abducted from a Jacksonville Walmart by Donald Smith, who had befriended her mother, Rayne Perrywinkle, and offered to buy clothes for her daughters. Surveillance cameras captured Smith leading Cherish out of the store and into his van. Hours later, Cherish’s body was found in a creek. Smith was arrested shortly after the abduction. In 2018, he was convicted of first-degree murder, kidnapping, and sexual battery, and was sentenced to death. The Florida Supreme Court unanimously upheld his conviction and sentence in April 2021. Smith’s subsequent appeals, including a request to the U.S. Supreme Court, were denied. In December 2023, a hearing for a new trial was postponed after one of Smith’s attorneys resigned. The current appeal focuses on claims of inadequate legal representation during the penalty phase of the trial. The Florida Supreme Court is expected to release its decision on Smith’s appeal in the near future.
Legal Proceedings and Appeals
Smith’s defense team has filed multiple appeals, arguing that errors during the trial, such as the admission of certain evidence and the conduct of the prosecution, warrant a new trial. The state maintains that the conviction was based on substantial evidence and that any alleged errors were harmless. The Florida Supreme Court’s decision on this appeal will be closely watched, as it may have significant implications for the case and the broader legal community.
Impact on the Community
The abduction and murder of Cherish Perrywinkle shocked the Jacksonville community and drew national attention. The case has highlighted issues related to child abduction, the death penalty, and the criminal justice system’s handling of such cases. The ongoing legal proceedings continue to affect the community, as residents await a resolution to the appeals process.
Frequently Asked Questions (FAQ)
What is the current status of Donald Smith’s appeal?
On December 10, 2025, the Florida Supreme Court heard arguments regarding Donald Smith’s request for a new trial. The court has yet to issue a decision on his appeal.
What were the charges against Donald Smith?
Donald Smith was convicted in 2018 of first-degree murder, kidnapping, and sexual battery for the abduction, rape, and murder of 8-year-old Cherish Perrywinkle in 2013.
What is the significance of the Florida Supreme Court’s decision?
The Florida Supreme Court’s decision on Smith’s appeal will determine whether his conviction and death sentence are upheld or overturned, potentially impacting the case and the broader legal community.
How has the community been affected by this case?
The abduction and murder of Cherish Perrywinkle shocked the Jacksonville community and drew national attention, highlighting issues related to child abduction, the death penalty, and the criminal justice system’s handling of such cases.
| Feature | Details |
|---|---|
| Defendant | Donald Smith |
| Victim | Cherish Perrywinkle |
| Year of Crime | 2013 |
| Conviction | 2018 |
| Charges | First-degree murder, kidnapping, sexual battery |
| Sentence | Death penalty |
| Appeal Status | Florida Supreme Court hearing on December 10, 2025; decision pending |
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