Dailey v. State
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The Supreme Court affirmed the order of the circuit court denying in part and dismissing in part Defendant's second successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that Defendant was not entitled to relief on his claim.
In his second successive postconviction motion Defendant asserted that newly discovered evidence required that his conviction be overturned, that the State committed Brady and Giglio violations, and that his death sentence was unconstitutional because he was innocent of the murder. The circuit court denied relief. The Supreme Court affirmed, holding (1) all of Defendant's newly discovered evidence claims were either correctly rejected as untimely or based on inadmissible evidence; (2) each of Defendant's Giglio claims failed on the merits; (3) the lower court did not err in declining to take judicial notice of certain records; and (4) the circuit court did not err in summarily rejecting Defendant's claim that he is actually innocent.
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