SC2023-0015
The Florida Supreme Court affirmed summary denial of a capital defendant's second successive 3.851 motion alleging newly discovered evidence of ASD and PTSD diagnoses that purportedly rendered his death sentence unreliable. The Court held the claims were both facially insufficient (because Damren alleged only a 'reasonable probability' rather than that the evidence would 'probably' produce a life sentence) and untimely (because he failed to establish when the ASD/PTSD became discoverable through due diligence).
Key facts
- Capital defendant filed a second successive Rule 3.851 motion alleging newly discovered evidence of Autism Spectrum Disorder (ASD) and Post-Traumatic Stress Disorder (PTSD) diagnoses that he claimed rendered his death sentence unreliable.
- The trial court summarily denied the motion; defendant appealed to the Florida Supreme Court.
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Why it matters
This opinion gives capital and postconviction practitioners a clear articulation of the pleading standard for newly-discovered-evidence sentencing claims: alleging a mere 'reasonable probability' of a different outcome… — full analysis with a trial
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