Neeley v. State
The Fourth DCA reversed denial of a rule 3.850 motion alleging newly discovered evidence of an uncommunicated plea offer, holding that the attached affidavit's signed written declaration under section 92.525(2), Florida Statutes, was legally sufficient even though it was not sworn before a notary or other officer authorized to administer oaths. The court clarified that its prior decision in Placide v. State did not require both a section 92.525(2) declaration AND notarization, rejecting the State's attempt to re-characterize that case.
Key facts
- Neeley was convicted and filed a rule 3.850 postconviction motion alleging newly discovered evidence of an uncommunicated plea offer, supported by an affidavit with a signed written declaration under section 92.525(2), Florida Statutes, but without notarization.
- The trial court denied the rule 3.850 motion, apparently based on the affidavit's lack of notarization or perceived insufficiency of the section 92.525(2) declaration format.
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Why it matters
This opinion resolves ambiguity about what qualifies as a legally sufficient affidavit verification for newly-discovered-evidence claims under rule 3.850, clarifying that compliance with section 92.525(2)'s written… — full analysis with a trial
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