DERRICK CLEMMONS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Court affirmed summary denial of second ground of postconviction relief but reversed summary denial of first ground alleging Giglio violation, remanding for opportunity to amend the facially insufficient claim.
A postconviction motion alleging a Giglio violation that is facially insufficient must be struck with leave to amend rather than summarily denied without opportunity to cure the deficiency.
[1] A postconviction motion alleging a Giglio violation that is facially insufficient must be struck with leave to amend rather than summarily denied without affording the mo…
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Join FLexlaw to unlock all legal intelligenceDerrick Clemmons appealed an order summarily denying his Rule 3.850 postconviction motion, which alleged that the prosecutor knowingly presented false…
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Derrick Clemmons appeals an order that summarily denies his motion for postconviction relief filed pursuant to Florida Rule of Criminal procedure 3.850. We affirm the summary denial of appellant’s second ground of his motion without discussion. Appellant’s first ground alleges that the prosecutor knowingly presented false testimony against him at trial. This is known as a Giglio 1 violation. “To establish a Giglio violation, it must be shown that: (1) the testimony given was false; (2) the prosecutor knew the testimony was false; and (3) the statement was material.” Guzman v. State, 868 So.2d 498, 505 (Fla. 2003) (citing Ventura v. State, 794 So.2d 553, 562 (Fla.2001)). Appellant has failed to sufficiently allege a Giglio violation in his postconviction motion or initial brief; thus, his claim is facially insufficient. However, appellant was not given an opportunity to amend this claim pursuant to Spera v. State, 971 So.2d 754 (Fla.2007). Therefore, we reverse the summary denial of appellant’s first ground and remand for the postconviction court to strike the claim with leave to amend.
Affirmed in Part; Reversed in Part; and Remanded.
WARNER, TAYLOR and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Howard v. State, 17 So. 3d 774 (Fla. 2d DCA 2009)…denied relief based on its finding that it was up to the jury to determine the witnesses’ credibility. However, it appears that Howard was trying to state a Giglio violation. If so, the claim was facially insufficient. See Clemmons v. [*777] State, 1 So. 3d 1256, 1256 (Fla. 4th DCA 2009). However, the court should have stricken the claim with leave to amend within a specific period of time. Id. II. Conñict-Free Counsel Some time after Howard’s trial, Howard’s assistant public defender, Ursula Richardson,…
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Hall v. State, 85 So. 3d 1116 (Fla. 4th DCA 2012)…rule 3.850 because it was filed within the two-year window for seeking relief under the rule. See Watts v. State, 985 So. 2d 21 (Fla. 2d DCA 2008). Moreover, Defendant’s motion appears to contain an insufficient Giglio2 claim. See Clemmons v. State, 1 So. 3d 1256 (Fla. 4th DCA 2009) (noting that an allegation that a prosecutor knowingly presented false testimony against him at trial is known as a Giglio violation). Defendant alleged that a witness gave false testimony and that the prosecutor knew the testimo…
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Thompson v. State, 273 So. 3d 1069 (Fla. 1st DCA 2019)…which the trial court denied as legally insufficient. To allege a legally sufficient Giglio claim, a defendant must demonstrate that the trial testimony was false, the prosecutor knew it was false, and the testimony was material. Clemmons v. State, 1 So. 3d 1256, 1256 (Fla. 4th DCA 2009). Thompson alleged that the detective gave false testimony regarding S.G.’s identification of Thompson at a photo-line up. But he failed to allege that the detective deliberately lied, that the prosecutor knew the detective…
Authorities Cited
- Giglio v. United States, 405 U.S. 150 (U.S. 1972)
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Guzman v. State, 868 So. 2d 498 (Fla. 2003)
- Ventura v. State, 794 So. 2d 553 (Fla. 2001)