Waterhouse v. State
Annotate this CaseDefendant, a prisoner under sentence of death, appealed the denial of his successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851. Defendant asserted a destruction of evidence claim and Brady v. Maryland claim. The court affirmed the circuit court's denial of postconviction relief. Further, the court rejected the State's cross-appeal and affirmed the determination of the postconviction court that defendant's second claim satisfied the due diligence component of Rule 3.851(d)(2)(A). No motion for rehearing would be entertained by this court. The mandate should issue immediately. Defendant's request for a stay of execution was denied.
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