Bogle v. State
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The Supreme Court affirmed the judgment of the circuit court summarily denying Appellant's third successive motion for postconviction relief, filed under Fla. R. Crim. P. 3.851, holding that the postconviction court properly denied relief.
Appellant was convicted of first-degree murder, burglary with assault or battery, and retaliation against a witness. The trial judge sentenced Appellant to death after a second penalty phase. The Supreme Court affirmed the convictions and sentences. In his third successive postconviction motion, Appellant alleged newly discovered evidence of both Brady violations and violations under Giglio v. United States, 405 U.S. 150 (1972). The circuit court summarily denied relief. The Supreme Court affirmed, holding that, even if Appellant's claims were not procedurally barred, Appellant failed to demonstrate that the alleged newly discovered evidence would likely produce an acquittal on retrial.
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