Mosley v. State
On a third appeal following a limited remand solely for a new Spencer hearing and resentencing, the Florida Supreme Court affirmed Mosley's death sentence, holding that both of his claims—an unpreserved 'reverse jury nullification' argument and a newly discovered evidence claim about the medical examiner's alleged impairment—exceeded the scope of the limited remand and were procedurally barred/untimely. The Court also held that under Farina v. State, an order denying a newly discovered evidence motion during resentencing proceedings is an immediately appealable final order, and Mosley's failure to appeal within 30 days rendered that claim untimely.
Key facts
- Mosley was convicted of a capital crime and sentenced to death; the case returned to the trial court on a limited appellate remand solely for a new Spencer hearing and resentencing.
- During resentencing proceedings, Mosley filed a motion for a new trial based on newly discovered evidence regarding the medical examiner's alleged impairment, which the trial court denied.
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Why it matters
This opinion reinforces two recurring practice points for capital and postconviction litigators: first, that claims outside the explicit scope of a limited appellate remand will not be entertained, and issues not raised… — full analysis with a trial
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