JONES
v.
CROSBY, SUPERINTENDENT, FLORIDA STATE PRISON, ET AL.

U.S. | 1998-03-23
No. 97-8413 (A-712)
523 U.S. 1041 Supreme Court of the United States (1998) Positive Treatment
Cited by 1 case

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  • Dwyer v. State, 743 So. 2d 46 (Fla. 5th DCA 1999)
    …h the exercise of due diligence, this newly discovered evidence must be evaluated to determine whether it would “probably produce an acquittal on retrial.” Jancar, at 145, citing Jones v. State, 591 So. 2d 911, 915-16 (Fla.1991), [*49] cert. denied, 523 U.S. 1041, 118 S.Ct. 1351, 140 L.Ed.2d 499 (1998). Alternatively, if the lower court concludes that the evidence could have been found with the exercise of due diligence, it must then determine whether the failure of Dwyer’s trial counsel to discover the ev…

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