ANTHONY MANCHILD MCDONALD, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This is an appeal from an order denying a motion for postconviction relief under *1019Florida Rule of Criminal Procedure 3.850. The appellant in point four of his motion claimed that the prosecution deliberately used false evidence in violation of Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). In point five, the appellant claimed that the prosecution deliberately destroyed exculpatory evidence in bad faith, in violation of Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333, 102 L.Ed.2d 281 (1988). The trial court declined to reach to merits of both claims, stating that such claims are not cognizable under Rule 3.850.
We disagree with the trial court. Such claims are cognizable under Rule 3.850. See Rivera v. State, 995 So.2d 191, 193-94, 2008 WL 2369219 (Fla. June 12, 2008); Swain v. State, 937 So.2d 1160, 1160-61 (Fla. 3d DCA 2006). Accordingly, we reverse the order on those two claims and remand for further consideration by the trial court. We affirm the denial of post-conviction relief on grounds one, two, and three.
Affirmed in part, reversed and remanded in part.
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Clark v. Sec'y, Fla. Dep't of Corr. (Putnam County) (M.D. Fla. 2025)…al the trial court's order or otherwise seek review of the trial court's decision in state court even though she had the ability to do so. Indeed, claims challenging the destruction of evidence are cognizable under Rule 3.850. See McDonald v. State, 2 So. 3d 1018, 1019 (Fla. 3d DCA 2008) (noting that the appellant's claim that the prosecution destroyed evidence in bad faith is cognizable in a Rule 3.850 motion). Here, Petitioner alleges she learned about the trial court's order granting the state's motion f…
Authorities Cited
- Giglio v. United States, 405 U.S. 150 (U.S. 1972)
- Arizona v. Youngblood, 488 U.S. 51 (U.S. 1988)
- Rivera v. State, 995 So. 2d 191 (Fla. 2008)
- Swain v. State, 937 So. 2d 1160 (Fla. 3d DCA 2006)