Collins v. State
The Fifth DCA affirmed summary denial of a successive 3.850 motion alleging newly discovered evidence in the form of a co-defendant's recantation affidavit, but wrote to correct a 'common, but misplaced' argument that Nordelo v. State always entitles a defendant to an evidentiary hearing on such claims. The court clarified that Nordelo must be read narrowly in light of Davis v. State, and that summary denial without a hearing is proper where the motion is legally sufficient but conclusively refuted by record attachments, even for recantation-based newly discovered evidence claims.
Key facts
- Collins filed a successive Rule 3.850 motion for postconviction relief claiming newly discovered evidence in the form of a co-defendant's recantation affidavit.
- The trial court summarily denied the motion without holding an evidentiary hearing, attaching trial transcripts and exhibits to the order.
- +1 more key fact with a free trial
Why it matters
This opinion directly addresses and resolves recurring confusion among postconviction litigants and lower courts about the scope of Nordelo's evidentiary-hearing requirement for recantation-based newly discovered… — full analysis with a trial
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