Supreme Court of Florida

In a contract murder case, denial of defendant's motion for postconviction DNA testing is affirmed where: 1) the trial court did not abuse its discretion in denying defendant's request for prehearing discovery; 2) a claim that he was denied due process, because of inadequate notice of a final evidentiary hearing, was procedurally barred and without merit; and 3) there was no error in a finding that the DNA evidence no longer exists.

Appellate Information

• Decided 10/25/2007
• Published 10/25/2007

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Christine R. Davis, Sylvia H. Walbolt and James R. Wiley of Carlton Fields, P.A., Tallahassee, FL, and Kevin Jon Napper and Mac Richard McCoy of Carlton Fields, P.A., Tampa, FL, for Appellant., David Loftis, New York, NY, on behalf of The Innocence Project, Inc., as Amicus Curiae.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Carol M. Dittmar, Senior Assistant Attorney General, Tampa, FL, for Appellee.