STATE OF FLORIDA, PETITIONER,

v.

MARY JOYCE ROGERS, RESPONDENT

Citator

Cited By

• WAY v. State, 760 So. 2d 903 (Fla. 2000)
  …mergency 3.850 motion in the trial court alleging that photographs withheld from the defense showed that the fire had been started by an “accidental propane gas explosion” instead of having been intentionally set by Way using gasoline. Way v. State, 630 So. 2d 177, 178 (Fla.1993) (Way III). The trial court summarily denied relief on the 3.850 motion and proceeded with the resentencing. The jury again recommended the imposition of the death penalty by a vote [*908] of seven to five. The trial court imposed th…
• Krishna Maharaj v. State, 684 So. 2d 726 (Fla. 1996)
  …na v. State, 573 So. 2d 293 (Fla.1990). On the other hand, our review of Maharaj’s motion reflects that an evidentiary hearing on at least some of his claims is warranted because those claims involve disputed issues of fact. See, e.g., Way v. State, 630 So. 2d 177 (Fla.1993)(one of the purposes of an evidentiary hearing is to resolve disputed issues of fact regarding issues that might warrant reversal). Specifically, we find that an evidentiary hearing is necessary to at least resolve whether (1) material was…
• Duest v. State, 855 So. 2d 33 (Fla. 2003)
  …serting that the change in testimony constitutes either undisclosed exculpatory evidence or newly discovered evidence entitling him to a new trial.6 The absence of a pending motion for postconviction relief distinguishes this case from Way v. State, 630 So. 2d 177 (Fla.1993), in which this [*40] Court reversed the summary denial of a motion for postconviction relief raising a Brady claim and withheld ruling on the direct appeal from resentencing pending disposition of the postconviction motion. Id. at 179. In…

Authorities Cited

• State v. Hickson, 630 So. 2d 172 (Fla. 1993)
• Rogers v. State, 616 So. 2d 1098 (Fla. 1st DCA 1993)