STATE OF FLORIDA, PETITIONER,

v.

RICHARD EVERSOLE, RESPONDENT

Citator

Cited By

• Arbelaez v. State, 898 So. 2d 25 (Fla. 2005)
  …z’s testimony revealed about his intellectual limitations: “[A]sk yourself ... what was [Arbelaez’s] emotional or mental age.... You were able to listen and observe the man describing what he said he did.” This case is comparable to White v. State, 664 So. 2d 242 (Fla.1995), where we stated: [*37] [T]rial counsel’s performance was not rendered deficient by his failure to present to the jury data concerning White’s low IQ as evidenced in the PSI report. The trial record contains extensive evidence documenting…
• Rivera v. State, 187 So. 3d 822 (Fla. 2015)
  …ough claims that could have been raised in a prior postconviction motion are procedurally barred, this Court has held that a defendant may file successive postconviction relief motions that are based on newly discovered evidence. See White v. State, 664 So. 2d 242, 244 (Fla.1995). In order to overcome a procedural bar, a defendant must show that the newly discovered facts could not have been discovered with due diligence by collateral counsel and raised in an initial rule 3.850 motion. Owen v. Crosby, 854 So…
• Forbes v. State, 269 So. 3d 677 (Fla. 2d DCA 2019)
  …alleging counsel had provided ineffective assistance in not conveying the plea offer to defendant). Further, a newly discovered evidence claim may be an exception to the general prohibition on successive rule 3.850 motions. See White v. State, 664 So. 2d 242, 244 (Fla. 1995) (holding that a defendant may file successive postconviction relief motions based on newly discovered evidence). No procedural hurdles prevented the postconviction court from considering the merits of Ms. Forbes' newly discovered…

Authorities Cited

• Ashley v. State, 614 So. 2d 486 (Fla. 1993)
• State v. Blackwell, 661 So. 2d 282 (Fla. 1995)
• Eversole v. State, 651 So. 2d 240 (Fla. 5th DCA 1995)