LoCascio v. State
In a habeas petition seeking reconsideration of a prior opinion denying his successive postconviction motion, LoCascio argued the court erroneously found his newly discovered DNA-evidence claims procedurally barred. The Third DCA denied relief, holding that the 'manifest injustice' exception to procedural bars is an extraordinarily narrow doctrine that petitioner failed to satisfy because his claims had been repeatedly litigated and rejected, and even if true, would not meet the 'probably produce an acquittal' standard for newly discovered evidence.
Key facts
- LoCascio, a criminal defendant, filed a habeas petition seeking reconsideration of a prior opinion that denied his successive postconviction motion based on newly discovered DNA evidence.
- The trial court and appellate courts had previously litigated and rejected LoCascio's newly discovered evidence claims on multiple occasions.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces the very high bar for invoking the 'manifest injustice' exception to overcome procedural bars in habeas petitions, useful for both defense counsel evaluating whether repackaged newly discovered… — full analysis with a trial
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