LEROY MORANT
v.
THE STATE OF FLORIDA
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A defendant seeking a new trial based on newly discovered evidence must demonstrate that the evidence was unknown at trial despite due diligence and that it would probably produce an acquittal on retrial.
[1] A defendant seeking a new trial based on newly discovered evidence must establish both that the evidence was unknown at the time of trial despite the exercise of due dili…
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Join FLexlaw to unlock all legal intelligence“To obtain a new trial based on newly discovered evidence, a defendant must meet two requirements. First, the evidence must not have been known by the trial court, the party, or counsel at the time of trial, and it must appear that the defendant or defense counsel could not have known of it by the use of diligence. Second, the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial.”
Court's statement of the legal standard for newly discovered evidence motions
Leroy Morant appealed from a circuit court decision denying his motion for a new trial based on newly discovered evidence in a criminal case.…
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Third District Court of Appeal State of Florida
Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1006 Lower Tribunal No. F12-17764 A ________________
Leroy Morant, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
Leroy Morant, in proper person.
James Uthmeier, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.
Before LOGUE, C.J., and LINDSEY and BOKOR, JJ.
PER CURIAM.
2 Affirmed. See Blake v. State, 180 So. 3d 89, 122–23 (Fla. 2014) (“To obtain a new trial based on newly discovered evidence, a defendant must meet two requirements. First, the evidence must not have been known by the trial court, the party, or counsel at the time of trial, and it must appear that the defendant or defense counsel could not have known of it by the use of diligence. Second, the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial. Newly discovered evidence satisfies the second prong of the [ ] test if it ‘weakens the case against [the defendant] so as to give rise to a reasonable doubt as to his culpability.’”) (internal citations omitted).