STEPHEN TODD BOOKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Stephen Todd Booker sought a new trial after his death sentence for first-degree murder was affirmed, arguing that newly discovered psychiatric evidence showed he was insane at the time of the killing. The Florida Supreme Court rejected his motion, holding that the 'new evidence' was merely a different expert interpretation of facts already known at trial, not newly discovered evidence warranting post-conviction relief.
The Court held that the purported new psychiatric evidence is not truly newly discovered evidence but rather a new interpretation of facts already known and considered at trial. Therefore, post-conviction relief under Rule 3.850 is not available, and error coram nobis relief is similarly unavailable because the evidence does not meet the threshold for such extraordinary relief.
[1] A defendant seeking a new trial based on newly discovered evidence after an appeal has been affirmed must first petition the appellate court for leave to file a petition…
[2] A new interpretation of facts known and considered at trial, even if reaching significantly different conclusions, does not constitute newly discovered evidence for purpo…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“If "evidence" such as that offered here is found to warrant a new proceeding, there will be no end to the appeal process. The finality of the judicial process would be nil if a new proceeding was required everytime a party found an expert who reached a conclusion, with regard to information available at the time of trial, that differed from the opinions and conclusions presented at that trial.”
Establishes the Court's core rationale for rejecting the post-conviction motion: permitting new proceedings based on different expert interpretations of known facts would destroy finality of judgments.
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Join FLexlaw to unlock all legal intelligenceBooker was convicted of first-degree murder and sentenced to death. His conviction and sentence were affirmed on direct appeal in Booker v. State, 397…
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ADKINS, Justice.
We have for review an order denying a motion to vacate and set aside judgment and sentence or in the alternative for a new trial. Defendant, Stephen Todd Booker (hereinafter defendant), was convicted of first-degree murder and sentenced to death. This Court affirmed both the judgment and the sentence. Booker v. State, 397 So. 2d 910 (Fla.1980). Defendant then filed, pursuant to Rules 3.600 and 3.850, Florida Rules of Criminal Procedure, the above-mentioned motion which was denied without an evidentiary hearing. We have jurisdiction to hear the appeal of that denial. Art. V, § 3(b)(1), Fla.Const. The only question presented on this appeal relates to certain “new revelations” which defendant contends reach the guilt-phase issue of whether he was sane at the time of the killing and the penalty-phase matter of mitigating circumstances. The new revelations consist of findings by a psychiatrist which indicate that defendant was suffering from psychiatric diseases at the time of the murder in question. The findings are based on the same information on which the medical testimony presented at trial was based, but result in “significantly different” conclusions. Defendant contends that if the psychiatrist could establish that defendant was so afflicted, the court’s decision could be seriously affected. Thus, he argues, justice requires a new proceeding in which he may submit the “newly discovered evidence.” We disagree.
“The appropriate first step for a defendant seeking a new trial on the basis of new evidence discovered after his conviction has been affirmed on appeal is a petition to the appellate court for leave to file a petition for error coram nobis.” Smith v. State, 400 So. 2d 956 (Fla.1981). Thus, if the latest psychiatric evaluation is newly discovered evidence, then defendant should have sought leave to file a petition for error coram nobis.
For the foregoing reason the grounds alleged in the motion for post-conviction relief were not proper for consideration therein. Hence, the motion was legally insufficient and did not require that the trial judge attach specific portions of the record or grant an evidentiary hearing. We find that the denial of defendant’s motion by the trial court was proper and the order so doing is hereby affirmed.
Also considering this as a petition for writ of error coram nobis, the foregoing is only academic, however, because the “newly discovered evidence” is not that at all. It is a new interpretation of facts that were known and considered at trial. Defendant’s motion to the trial court specifically notes that the new and different psychiatric conclusions were based on the same information as the psychiatric reports introduced at trial and on an interview with defendant. No new information was discovered — a doctor has simply been found who draws different conclusions.
If “evidence” such as that offered here is found to warrant a new proceeding, there will be no end to the appeal process. The finality of the judicial process would be nil if a new proceeding was required everytime a party found an expert who reached a conclusion, with regard to information available at the time of trial, that differed from the opinions and conclusions presented at that trial. There must be a point at which the proceeding is concluded and the matter is settled. Furthermore, having reviewed the allegations in defendant’s motion to the trial court, we do not think that the newest report is of sufficient import to have changed the outcome of the trial. Consequently, writ of error coram nobis is not available.
The application for stay of execution is denied. No petition for rehearing will be entertained.
It is so ordered.
SUNDBERG, C. J., and BOYD, OVER-TON, ALDERMAN, McDONALD and EHRLICH, JJ., concur.
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Citator
Cited By (11 total)
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Martin v. State, 455 So. 2d 370 (Fla. 1984)…neffective assistance of counsel. We have previously found similar claims regarding court-appointed experts to have no merit. Elledge v. Graham, 432 So. 2d 35 (Fla.), cert. denied, ___ U.S. ___, 104 S.Ct. 436, 78 L.Ed.2d 368 (1983); Booker v. State, 413 So. 2d 756 (Fla. 1982). The appointment of experts is discretionary. § 914.06, Fla. Stat. (1983). The test for overturning a trial court ruling on appointing an expert is whether there has been an abuse of discretion. On the original appeal we found no abuse…
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Booker v. State, 773 So. 2d 1079 (Fla. 2000)…heinous, atrocious, or cruel. . See Brown v. Wainwright, 392 So. 2d 1327 (Fla.) (denying petitions for writ of habeas corpus filed by Booker and 122 other inmates), cert. denied, 454 U.S. 1000, 102 S.Ct. 542, 70 L.Ed.2d 407 (1981); Booker v. State, 413 So. 2d 756 (Fla.1982); Booker v. Wainwright, 675 F. 2d 1150 (11th Cir.1982); Booker v. Wainwright, 703 F. 2d 1251 (11th Cir.); cert. denied, 464 U.S. 922, 104 S.Ct. 290, 78 L.Ed.2d 266 (1983); Booker v. State, 441 So. 2d 148 (Fla.1983); Booker v. Wainwright, 7…
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Booker v. State, 441 So. 2d 148 (Fla. 1983)…ate and a motion for new trial before the circuit court pursuant to Florida Rules of Criminal Procedure 3.850 and 3.600. The motions were denied and the court’s order denying those motions was upheld by this Court on April 19, 1982. Booker v. State, 413 So. 2d 756 (Fla.1982). Booker then filed a petition for writ of habeas corpus in the United States District Court for the Northern District of Florida. The federal district judge denied relief, but the United States Court of Appeals for the Eleventh Circuit gr…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Booker v. State, 397 So. 2d 910 (Fla. 1981)
- Smith v. State, 400 So. 2d 956 (Fla. 1981)