Gosciminski v. StateAnnotate this Case
The Supreme court affirmed the circuit court’s order granting in part and denying in part Appellant’s motion for DNA testing under Fla. R. Crim. P. 3.853, holding that none of Appellant’s claims on appeal had merit.
After a retrial, Appellant was convicted of first-degree murder and sentenced to death. The Supreme Court affirmed on direct appeal. Appellant later filed his motion for DNA testing of evidence pursuant to Rule 3.853. After an evidentiary hearing, the circuit court granted the motion in part and denied it in part. Appellant appealed the circuit court’s partial denial of his Rule 3.853 motion. The Supreme Court affirmed, holding (1) the circuit court did not err in adopting the State’s reasoning and conclusions as to Appellant’s motion in its order; and (2) the partial denial of Appellant’s motion did not violate his Fifth, Eighth, or Fourteenth Amendment rights.