Bogle v. State
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The Supreme Court affirmed the order of the circuit court summarily denying Appellant's successive motion for postconviction relief, holding that summary denial of the successive postconviction motion was appropriate in this case.
Appellant was convicted of first-degree murder and sentenced to death. In his successive postconviction motion, Appellant claimed that he had newly discovered evidence of Brady and Giglio violations and that he was entitled to relief under Hurst v. State. 202 So. 3d 40 (Fla. 2016) and under changes to Florida's capital sentencing statute enacted after Hurst. The circuit court summarily denied the successive postconviction motion, concluding that the newly discovered evidence claim was procedurally barred and that the Hurst-related claims lacked merit. The Supreme Court affirmed, holding (1) the record conclusively refuted Appellant's newly discovered evidence claim; and (2) Hurst relief was not available to Appellant.
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