Jennis v. State
The Sixth DCA affirmed the summary denial of a Rule 3.850 motion alleging newly discovered evidence, relying on the settled rule that such evidence must probably produce an acquittal and must not have been previously ascertainable through due diligence. Notably, the per curiam citation string includes Gadson v. State, which held that a newly discovered fact must be unknown to both the movant and counsel (assuming without deciding that an unconveyed plea offer qualifies as such a 'fact'), and flags that the Florida Supreme Court has granted review of that decision.
Key facts
- Jennis sought postconviction relief under Rule 3.850(b)(1) based on alleged newly discovered evidence that would probably produce an acquittal on retrial.
- The trial court summarily denied Jennis's Rule 3.850 motion without an evidentiary hearing.
- +2 more key facts with a free trial
Why it matters
While this is a per curiam affirmance without independent analysis, its citation string flags a live, unresolved question now before the Florida Supreme Court: whether an unconveyed plea offer can constitute 'newly… — full analysis with a trial
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