Merck v. State
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The Supreme Court affirmed the order of the circuit court summarily dismissing as untimely Petitioner's successive motion for postconviction relief, holding that the record conclusively established that Petitioner was not entitled to relief.
In 1993, Petitioner was convicted of first-degree murder and sentenced to death. The Supreme Court twice affirmed and twice remanded for resentencing at a new penalty phase. At Petitioner's third penalty phase, he was sentenced to death, and the Supreme Court affirmed. At issue was Petitioner's third successive motion for postconviction relief under Fla. R. Crim. P. 3.851, filed on May 10, 2019. The circuit court dismissed the petition as untimely under rule 3.851(d)(2)(B). The Supreme Court affirmed without addressing the ruling that Petitioner's motion was untimely, holding that the record conclusively refuted Petitioner's allegation that trial counsel conceded Petitioner's guilt at trial.
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