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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

PRELIMINARY STATEMENT

PRELIMINARY STATEMENT Mr. Riechmann appeals the circuit court’s denial of guilt phase relief of his Rule 3.850 motion following an evidentiary hearing. The following abbreviations will be utilized to cite to the record in this cause, with appropriate page numbers following the abbreviations: “R.___.” -Record on direct appeal to this Court; “PC-R__.” -Record on 1996 post-conviction hearing; “PC-R2__.” -Record on 2002 post-conviction hearing; “Supp. PC-R2.__.”-Supplemental Record on 2002 post- conviction hearing. “D-Ex.__.” -Defense exhibits entered at the evidentiary hearing and made a part of the post-conviction record on appeal. A designation will be made as to which postconviction proceeding the exhibit was received. “S-Ex.__” -State exhibits entered at evidentiary hearing with a designation as to which post-conviction proceeding the exhibit was received. REQUEST FOR ORAL ARGUMENT Mr. Riechmann, through counsel, respectfully requests that the Court permit oral argument. i

TABLE OF CONTENTS PRELIMINARY STATEMENT ................... i REQUEST FOR ORAL ARGUMENT ................. i TABLE OF CONTENTS .....................ii TABLE OF AUTHORITIES ................... v INTRODUCTION ....................... 1 STATEMENT OF THE CASE AND FACTS ..............10 SUMMARY OF ARGUMENT ....................38 ARGUMENT I THE CIRCUIT COURT ERRED AS A MATTER OF LAW IN REFUSING TO PERMIT MR. RIECHMANN TO PRESENT THE TESTIMONY OF HILLIARD VESKI IN SUPPORT OF HIS BRADY/GIGLIO CLAIMS. THE CIRCUIT COURT’S ACTION WAS TANTAMOUNT TO A SUMMARY DENIAL OF ANY CLAIMS PREMISED UPON VESKI’S TESTIMONY. .......40 ARGUMENT II MR. RIECHMANN WAS DEPRIVED OF HIS RIGHTS TO DUE PROCESS AND EQUAL PROTECTION AND DENIED ACCESS TO THE COURTS WHEN THE CIRCUIT COURT REFUSED TO PERMIT A DEPOSITION TO PERPETUATE TESTIMONY TO BE CONDUCTED IN ORDER TO ALLOW MR. RIECHMANN THE OPPORTUNITY TO PRESENT THE TESTIMONY OF WALTER SMYKOWSKI, AN UNAVAILABLE WITNESS, OR ALTERNATIVELY TO ALLOW THE INTRODUCTION OF SMYKOWSKI’S AFFIDAVIT IN WHICH HE ASSERTED THAT IN EXCHANGE FOR THE PROMISE OF CONSIDERATION HE PROVIDED FALSE TESTIMONY AT MR. RIECHMANN’S TRIAL. ................45 ARGUMENT III THE CIRCUIT COURT JUDGE ENGAGED IN EX PARTE COMMUNICATION WITH THE STATE WHILE PREPARING HIS ORDER DENYING MR. RIECHMANN’S MOTION TO VACATE, SOUGHT TO OBTAIN EVIDENCE NOT INTRODUCED INTO EVIDENCE, AND DID IN FACT RELY UPON KNOWLEDGE OF INTERNAL OFFICE PROCEDURE NOT OBTAINED THROUGH ANY EVIDENCE PRESENTED AT THE EVIDENTIARY ii

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