Brown v. State
The Florida Supreme Court affirmed denial of Tina Brown's successive capital postconviction motion, which sought a new penalty phase based on a jailhouse informant's recantation and related newly discovered evidence attacking co-perpetrator Heather Lee's credibility. The Court held that while the recantation claim was timely under Davis v. State (because a recantation is 'discovered' only when the witness actually chooses to recant, not when prior inconsistencies were merely known), the postconviction court's credibility finding that the recantation was not truthful was supported by competent substantial evidence, and even if credited, the evidence would not probably yield a lesser sentence given the overwhelming aggravating evidence.
Key facts
- Tina Brown was convicted of a capital crime and sentenced to death, with a co-perpetrator named Heather Lee also involved in the case.
- Brown filed a successive capital postconviction motion seeking a new penalty phase based on a jailhouse informant's recantation of testimony and newly discovered evidence attacking Lee's credibility.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces and applies the Davis v. State rule that a recantation claim's timeliness turns on when the witness actually recants, not when the defense first suspected inconsistencies—useful for practitioners… — full analysis with a trial
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