Supreme Court of Florida

An order denying appellants motion for post-conviction relief from a conviction of first degree murder is affirmed in part over claims of error regarding: 1) summary dismissal of his claim that he was denied a fair trial and postconviction proceeding due to the trial judge's bias and predetermination of the issues; and 2) denial of due process when the court foreclosed petitioner's opportunity to obtain transcripts from a federal evidentiary hearing. However, the court reverses the ruling in part where: 1) an evidentiary hearing was required with regard to whether the state permitted false or misleading evidence to be presented to the jury; 2) an evidentiary hearing was required with regard to the issue of newly discovered exculpatory DNA evidence.

Appellate Information

• Decided 06/12/2008
• Published 06/12/2008

Judges

• PER CURIAM.

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Neal A. Dupree, Capital Collateral Regional Counsel, Fort Lauderdale, FL, and Martin J. McClain, Special Assistant, CCR Counsel, Southern Region, Wilton Manors, FL, for Appellant.


• For Appellees:
  
• Bill McCollum, Attorney General, Tallahassee, FL, and Celia A. Terenzio, Assistant Attorney General, West Palm Beach, FL, for Appellee.