JOHNSON v. STATE (2019)

District Court of Appeal of Florida, Third District.

Carl JOHNSON, Appellant, v. The STATE of Florida, Appellee.

No. 3D19-1439

Decided: September 04, 2019

Before SALTER, MILLER and GORDO, JJ.

Carl Johnson, in proper person. Ashley Moody, Attorney General, for appellee.

Affirmed. Fla. R. Crim. P. 3.850(b)(1) (A claim of newly discovered evidence must be brought “within [two] years of the time the new facts were or could have been discovered with the exercise of due diligence.”); see Johnston v. State, 27 So. 3d 11, 18 (Fla. 2010) (“[T]he 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.”); Davis v. State, 26 So. 3d 519, 526 (Fla. 2009) (same); see also Berry v. State, 175 So. 3d 896, 897 (Fla. 3d DCA 2015) (affirming denial of post-conviction relief where defendant failed to establish that the newly discovered evidence was unknown to defendant, his counsel and the court at trial and could not have been discovered within the two-year period through the exercise of due diligence).

PER CURIAM.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network