VICTOR TONY JONES, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (21 total)

• Foster v. State, 132 So. 3d 40 (Fla. 2013)
  …983 So. 2d 464, 482 (Fla.2008). When reviewing a circuit court’s summary denial of a rule 3.850 motion or claim, the Court must accept the movant’s factual allegations as true to the extent they are not refuted by the record. See Nordelo v. State, 93 So. 3d 178, 184 (Fla.2012) (“[T]his Court must examine each claim to determine if it is legally sufficient, and if so, determine whether or not the claim is refuted by the record.” (quoting Hamilton v. State, 875 So. 2d 586, 591 (Fla.2004))). We turn next to F…
• Simpson v. State, 100 So. 3d 1258 (Fla. 4th DCA 2012)
  …it was “inherently incredible,” and hence probably would not produce an acquittal on retrial. Andrews v. State, 919 So. 2d 552, 553 (Fla. 4th DCA 2005); Taylor v. State, 877 So. 2d 842, 843 (Fla. 3d DCA 2004). This appeal follows. Nordelo v. State, 93 So. 3d 178 (Fla.2012), and McLin v. State, 827 So. 2d 948 (Fla.2002), spell out the legal standards governing review of a claim for post-conviction relief based on newly discovered evidence in the form of eyewitness testimony. First, the decision to grant or d…
• Utile v. State, 235 So. 3d 1045 (Fla. 5th DCA 2018)
  …diligence. In addition to showing that the evidence was unknown and could not have been uncovered by due diligence, the movant must establish that the evidence is of a nature that it would probably produce an acquittal on retrial. Nordelo v. State, 93 So. 3d 178, 184 (Fla. 2012) (citing Jones v. State, 591 So. 2d 911, 915 (Fla. 1991)). The decision of a postconviction court to deny an evidentiary hearing on a rule 3.850(b) motion based on newly discovered evidence is subject to de novo review because it "i…

Authorities Cited

• Walton v. State, 77 So. 3d 639 (Fla. 2011)