Duckett v. State
The Florida Supreme Court dismissed Duckett's appeal from a circuit court order denying his request for an evidentiary hearing following DNA test results, holding that section 925.11 and Rule 3.853 do not contemplate such a hearing once results have been provided to the court, defendant, and prosecution, and that the denial order is therefore not appealable. Justice Labarga dissented, arguing the Court should instead treat the notice of appeal as a petition for review of a nonfinal order under Rule 9.142(c) given the pending related capital postconviction and habeas proceedings.
Key facts
- Duckett appealed a circuit court order denying his request for an evidentiary hearing following DNA test results that had been provided to the court, defendant, and prosecution.
- The Florida Supreme Court dismissed the appeal for lack of jurisdiction, holding that section 925.11 and Rule 3.853 do not authorize an evidentiary hearing once DNA testing results have already been furnished to all parties.
- +1 more key fact with a free trial
Why it matters
This opinion clarifies that once DNA testing results under section 925.11/Rule 3.853 have been furnished to the parties, a defendant has no statutory right to an evidentiary hearing and cannot appeal a denial of such a… — full analysis with a trial
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