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Ten years ago this past Saturday, the kidnapping of 11 year old Carlie Brucia was captured on a car wash security camera. Today, her convicted killer Joseph Smith had his appeal heard by the Florida Supreme Court, where the appeal was as unusual as the murder ten years ago.

Video of 11 year old Carlie Brucia being led to her death shocked the nation a decade ago…

Her mother made dramatic plea’s for her return, telling a national audience “Please come forward.”

Five days later, Joseph Smith, the man leading Carlie led police to Carlie’s shallow grave. He was sentenced to death.

On Wednesday, the Florida Supreme Court heard Smiths second appeal…and it was as strange as the murder itself. His lawyer argued Smith should have been allowed to question jurors to see if they did something improper.

“Juror Misconduct” he told the court, Even the battle tested Justices were surprised. Justice Peggy Quince asked if that’s all there was. “There were no…no factual issues that needed to be developed…on this record?”“That’s correct mam” Answered attorney Robert Strain.

“I guess it’s just …it defies my…” said Justice Barbara Pariente.

The hearing lasted just half of the allotted time…also unheard of in death appeals.

Afterwards Attorney Robert Strain told us the legs of any appeal were cut from under him When killer Joseph Smith led police to Carlie’s body before ever being indicted.

Smith’s lawyer is banking on coming Federal appeal in which he’ll argue he ought to be allowed to cross examine the chemist who analyized Smith’s DNA

“If a dna expert testifies in court about the lab tests, he has to be the one who conducted the lab tests, not some supervisor reading it. So it’s a complicated case” says Attorney Strain.

The court sent a clear signal it wasn’t buying Smith’s arguments, which moves Joseph Smith one step closer to his execution.

Smith’s attorney did raise five other issues in briefs filed with the court. All contend the Death Penalty is unconstitutional because of jury instructions, lethal injection procedures, or it violates an inmates rights. All have been previously dismissed by the court.