Palmer v. State
The Third DCA reversed the summary denial of Palmer's postconviction motion based on newly discovered evidence, where the victim recanted his trial testimony and out-of-court identification, alleging police coerced him. The court held the affidavit was neither inherently incredible nor conclusively refuted by the record, requiring an evidentiary hearing to assess credibility and materiality, including the related Brady claim.
Key facts
- Palmer was convicted at trial based on a victim's testimony and out-of-court identification, and filed a postconviction motion claiming newly discovered evidence.
- The victim provided an affidavit recanting his trial testimony and identification, alleging that police coerced him into making the original statements.
- +2 more key facts with a free trial
Why it matters
This decision reinforces that Florida courts must apply a demanding standard before summarily denying 3.850 claims premised on witness recantation, reiterating that such claims almost always require an evidentiary… — full analysis with a trial
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