The Florida Supreme Court on Thursday ordered a hearing for Joseph Smith because the jury that recommended the death sentence wasn’t unanimous.
The 2004 case received national publicity after a surveillance camera captured images of Smith taking Carlie away.
Smith had a long record, had recently violated probation, but was released. That outraged the public and politicians.
Then-U.S. Rep. Katherine Harris filed a bill called “Carlie’s Law” to get tougher on criminals who violate federal probation. While that failed, then-Gov. Charlie Crist signed a similar bill into law in 2006. The so-called “anti-murder” act was inspired by Carlie and other child victims.