Rogers v. State
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The Supreme Court affirmed the order of the circuit court summarily denying Appellant's third successive motion for postconviction relief, filed under Fla. R. Crim. P. 3.851, holding that there was no error.
Appellant was convicted of first-degree murder, armed robbery, and grand theft of a motor vehicle. The trial court sentenced Defendant to death. After the Supreme Court affirmed Appellant sought postconviction relief in both state and federal court, without success. At issue was Appellant's third successive postconviction motion in which he raised a single claim of newly discovered evidence based on alleged childhood sexual abuse. The circuit court summarily denied the motion. The Supreme Court affirmed, holding that the circuit court did not err in denying Appellant's postconviction motion without first holding an evidentiary hearing.
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