Thomas v. State
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The Supreme Court affirmed the postconviction court’s summary denial of Appellant’s successive motion requesting postconviction relief under Brady v. Maryland, 373 U.S. 83 (1963) and Giglio v. United States, 405 U.S. 150 (1972), filed under Fla. R. Crim. P. 3.851, holding that Appellant’s claims were procedurally barred.
Specifically, the Court held (1) Appellant’s claims were procedurally barred because the evidence at issue was not newly discovered because the record established that the information in Appellant’s claims could have been discovered at an earlier date through the exercise of due diligence; and (2) even if Appellant’s claims were not procedurally barred, his claims were without merit.
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