DANIEL A. TAYLOR
v.
STATE OF FLORIDA
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Summary denial of a newly discovered evidence claim in a post-conviction 3.850 motion was proper.
[1] A trial court may summarily deny a newly discovered evidence claim in a 3.850 post-conviction motion without an evidentiary hearing, as established in Hough v. …
Previewing 1 of 1 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“claims of newly discovered evidence 'generally require an evidentiary hearing to allow the court to test the credibility of the newly discovered evidence 'unless the affidavit is inherently incredible or obviously immaterial to the verdict and the sentence.'"”
Dissenting opinion citing Grays v. State and Nordelo v. State for the standard applicable to newly discovered evidence claims
Daniel A. Taylor was convicted in 1998 of carjacking with a firearm and sentenced to life imprisonment as a prison releasee reoffender based solely on…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
DANIEL A. TAYLOR,
Appellant,
v. Case No. 5D18-3367
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed November 8, 2019
3.850 Appeal from the Circuit Court for Brevard County, Kelly J. Mckibben, Judge.
Daniel A. Taylor, Bushnell, pro se.
Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
AFFIRMED. See Hough v. State, 679 So. 2d 1300 (Fla. 5th DCA 1996).
WALLIS and EDWARDS, JJ., concur. EISNAUGLE, J., dissents with opinion.
2 EISNAUGLE, J., dissenting.
Case No. 5D18-3367
I would reverse the trial court’s summary denial of Appellant’s newly discovered evidence claim. In similar situations, we have held that claims of newly discovered evidence “generally require an evidentiary hearing to allow the court to test the credibility of the newly discovered evidence ‘unless the affidavit is inherently incredible or obviously immaterial to the verdict and the sentence.’” Grays v. State, 246 So. 3d 520, 521 (Fla. 5th DCA 2018) (quoting Nordelo v. State, 93 So. 3d 178, 185 (Fla. 2012)). Appellant was convicted of carjacking with a firearm and was sentenced in March 1998 to life in prison as a prison releasee reoffender. The State’s evidence at trial identifying Appellant as the perpetrator consisted solely of the testimony of the two victims. Appellant’s motion alleging newly discovered evidence below included an affidavit from a cousin of one victim. The affiant swore under oath that he committed the carjacking and that his cousin (one of the victims) admitted to the affiant that she identified Appellant as the perpetrator in order to protect her family. Thus, the affiant not only confessed to the crime and alleged that Appellant was not involved, but also provided grounds for impeaching one of the two victims of the carjacking.1 Notably, our record indicates that rims from the stolen car were discovered in the possession of a person with the affiant’s last name. Based on Appellant’s allegations and the affidavit, I conclude that this case is distinguishable from Hough v. State, 679 So. 2d 1300 (Fla. 5th DCA 1996), and that Grays v. State, 246 So. 3d 520 (Fla. 5th DCA 2018)
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jones v. State, 93 So. 3d 178 (Fla. 2012)
- Tondrick Hough v. State, 679 So. 2d 1300 (Fla. 5th DCA 1996)
- Antwaine J. Grays v. State, 246 So. 3d 520 (Fla. 5th DCA 2018)