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4th DCAFebruary 26, 2025Affirmed in part, reversed in part, and remanded⭐ Notable

Johnson v. State

Case No. 4D2024-1818

Johnson appealed the summary denial of his rule 3.850 motion, which raised claims of newly discovered evidence (new DNA testing) and a Giglio violation regarding misleading trial testimony about the original DNA results. The Fourth DCA reversed and remanded for an evidentiary hearing on the newly discovered evidence claim, since the new DNA results were akin to a recantation requiring a hearing under Davis v. State, but affirmed denial of the Giglio claim because the misleading nature of the testimony was known to Johnson and counsel at trial and thus was not timely raised.

Key facts

  • Johnson was convicted at trial based in part on DNA evidence presented by the state.
  • Johnson filed a rule 3.850 postconviction motion raising claims of newly discovered evidence (new DNA test results) and a Giglio violation based on allegedly misleading trial testimony about the original DNA results.
  • +2 more key facts with a free trial

Why it matters

This decision reinforces that DNA retesting results functioning as a recantation of trial testimony trigger the Davis v. State evidentiary-hearing requirement rather than summary denial, which is useful for… — full analysis with a trial

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