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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

in 60 days. On April 29,

in 60 days. On April 29, 2003, Mr. Riechmann filed a motion to stay the resentencing with this Court. This Court granted the motion for stay on May 30, 2003. SUMMARY OF ARGUMENT 1. The lower court erred in denying an evidentiary hearing on Mr. Riechmann’s allegations concerning Hilliard Veski. Accepting the proffered facts as true--as is required when no evidence is allowed--these allegations establish that Veski found the plaid blanket on the blood-drenched passenger seat of the rental car. Its contact with blood there belied the significance of the positive presumptive blood test. Prosecutor Sreenan pressured Veski to testify falsely in his deposition. Accepting these allegations as true, the State cannot establish beyond a reasonable doubt that this deception had “no effect” on the outcome. An evidentiary hearing is required. 2. The lower court erred in denying Mr. Riechmann’s motion to perpetuate the testimony of Walter Smykowski and Mr. Riechmann’s subsequent requests to introduce Smykowski’s affidavit and oral statements. Mr. Riechmann filed a motion to perpetuate testimony which complied with the requirements 42

of Fla. R. Crim. P. 3.190(j), but the court denied the motion and refused to admit Smykowski’s affidavit and oral statements. The court denied Mr. Riechmann access to the courts and the right to compel the attendance of witnesses, the most basic components of due process. Accepting the facts contained in Mr. Smykowski’s affidavit as true, these allegations entitle Mr. Riechmann to relief and an evidentiary hearing. 3. Mr. Riechmann was denied due process when Judge Bagley engaged in ex parte contact with the State during preparation of the order denying relief, conducted his own independent investigation, and relied upon matters not presented in evidence at the evidentiary hearing in his order denying relief. Judge Bagley compounded these improprieties by denying Mr. Riechmann’s motion to get the facts regarding the judge’s activities and by denying Mr. Riechmann’s motion to disqualify the judge. These actions violated the Code of Judicial Conduct, and also denied Mr. Riechmann a full and fair consideration of his claims. This Court should vacate the order denying relief and remand for new proceedings before a different judge. 4. Mr. Riechmann was denied due process by the State’s withholding of material exculpatory evidence and by the 43

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