Mungin v. StateAnnotate this Case
The Supreme Court affirmed the order of the postconviction court denying Appellant's third successive motion for postconviction relief filed pursuant to Fla. R. Crim. P. 3.851, holding that Appellant's claims were procedurally barred as untimely.
Appellant was convicted of first-degree murder and sentenced to death. Fourteen years later, Appellant filed his third successive postconviction motion, asserting that the State committed a Brady violation and a Giglio violation and, alternatively, that defense counsel was ineffective and that newly discovered evidence was likely to produce an acquittal at retrial. The postconviction court denied the claims on the merits after holding an evidentiary hearing. The Supreme Court affirmed but on other grounds, holding that the claims raised in Appellant's third successive postconviction motion were untimely because they because discoverable through due diligence more than a year before the motion was filed.