Mungin v. State
Annotate this CaseDefendant was convicted of the 1990 murder of a convenience store clerk and was sentenced to death. Defendant appealed the postconviction court's order summarily denying his successive motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.851, which challenged his conviction on the basis that a newly discovered witness significantly impeached the testimony of the only witness who identified defendant as leaving the crime scene immediately after the murder. The court reversed and remanded the Giglio v. United States and Brady v. Maryland claims to the postconviction court for an evidentiary hearing but denied the newly discovered evidence claim where the information provided by the new witness was not of such a nature that it would probably produce an acquittal on retrial.
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