ROBERT BROWN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Brown appealed a summary denial of his Rule 3.850 post-conviction motion, claiming prosecutorial misconduct based on false testimony. The court reversed in part, finding Brown entitled to an evidentiary hearing on his newly discovered evidence claim based on a witness affidavit recanting trial testimony.
Brown is entitled to an evidentiary hearing on his newly discovered evidence claim because he has demonstrated the witness's recantation satisfies the requirements under Florida law. The court did not resolve the separate prosecutorial misconduct claim under Giglio.
[1] A trial court must conduct an evidentiary hearing on a motion for postconviction relief based on newly discovered evidence of recanted testimony, unless the sworn allegat…
[2] Credibility determinations arising from sworn allegations of recanted testimony in a postconviction motion are generally required to be resolved at an evidentiary hearing…
Previewing 2 of 4 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“an evidentiary hearing is required on a claim of newly discovered evidence, based on the recantation of trial testimony, unless the sworn allegations are conclusively refuted by the record, or are inherently incredible”
Establishes the legal standard for newly discovered evidence claims based on witness recantation
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBrown was convicted of manslaughter for a stabbing death. At trial, state witness Jerome Fiddeman testified, but later submitted an affidavit recantin…
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PER CURIAM.
We reverse, in part, an order summarily denying Brown’s rule 3.850 motion for post-conviction relief. We conclude that Brown has demonstrated entitlement to a hearing on his claim of newly discovered evidence.
Brown was convicted of manslaughter for the stabbing death of the victim. The motion included a claim of prosecutorial misconduct in which Brown claims that the prosecution deliberately deceived the court and the jury by presenting critical testimony which the state knew was false.
Brown attached, as exhibit B to his motion, an affidavit of a state witness, Jerome Fiddeman, stating that he had testified falsely. Fiddeman said that he was held in jail without bond until trial and was told his own charges would be dropped if he testified against Brown, notwithstanding that he had told the prosecution he did not know anything about the case and was not there when the incident happened, but had heard about it the next day.
Brown claims that without Fiddeman’s testimony, there was no proof as to Brown’s motive — that he was out to get the victim because the victim previously had stolen drugs from him — and that the remaining evidence was not inconsistent with Brown’s allegation of self-defense.
Brown had stated to the police that the stabbing occurred when he resisted the victim’s attempt to rob him, and they struggled over the victim’s pistol. His statements were published to the jury at his trial.
The state has not disputed that Brown did not know of the information in Fidde-man’s affidavit before his trial and could not have discovered it with the exercise of due diligence. See McLin v. State, 827 So. 2d 948 (Fla.2002) (holding that an evidentiary hearing is required on a claim of newly discovered evidence, based on the recantation of trial testimony, unless the sworn allegations are conclusively refuted by the record, or are inherently incredible); see also Roberts v. State, 678 So. 2d 1232, 1235 (Fla.1996); Robinson v. State, 736 So. 2d 93 (Fla. 4th DCA 1999).
Because we review Brown’s claim as one based on newly discovered evidence, we need not resolve whether he is also entitled to relief for prosecutorial misconduct pursuant to Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972).1
We, therefore, reverse and remand for further proceedings on this ground only. In all other respects, the order is affirmed.
SHAHOOD, C.J., STONE and GROSS, JJ., concur. . To prove a Giglio violation, "a defendant must show: (1) that the testimony was false; (2) that the prosecutor knew the testimony was false; and (3) that the statement was material.” Cooper v. State, 856 So. 2d 969, 973 (Fla.2003) (quoting Spencer v. State, 842 So. 2d 52, 70 (Fla.2003)). We recognize that Fiddeman’s affidavit indicates he told the authorities two versions as to what he knew. Whether the state "knew” the original version was false and the later version was true is not clear. However, it is arguable that Fiddeman told the prosecution that he knew nothing about the case and that the prosecution, nevertheless, insisted that he testify to his recanted version.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Giglio v. United States, 405 U.S. 150 (U.S. 1972)
- McLIN v. State, 827 So. 2d 948 (Fla. 2002)
- Dusty Ray Spencer v. State, 842 So. 2d 52 (Fla. 2003)
- Robinson v. State, 736 So. 2d 93 (Fla. 4th DCA 1999)
- Roberts v. State, 678 So. 2d 1232 (Fla. 1996)
- Cooper v. State, 856 So. 2d 969 (Fla. 2003)