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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

64). Constitutional law

64). Constitutional law is well-established that a prosecutor may not knowingly rely on false impressions to obtain a conviction. Alcorta v. Texas, 355 U.S. 28 (1957)(due process violated where prosecutor deliberately “gave the jury the false impression that [witness’s] relationship with [defendant’s] wife was nothing more than casual friendship”). The State “may not subvert the truth-seeking function of the trial by obtaining a conviction or sentence based on deliberate obfuscation of relevant facts.” Garcia v. State, 622 So.2d 1325, 1331 (Fla. 1993). See Giglio v. United States, 405 U.S. 150, 153 (1972)(the “deliberate deception of a court and jurors by the presentation of known false evidence is incompatible with ‘rudimentary demands of justice”); Gray v. Netherland, 518 U.S. 152, 165 (1996), quoting Mooney v. Holohan, 294 U.S. 103, 112 (1935)(due process “forbade the prosecution to engage in ‘a deliberate deception of court and jury’”). 42 The prosecutor as the State’s representative has “a duty to learn of any favorable evidence known to the others acting on the government’s behalf” and is responsible “for failing to disclose known, favorable evidence rising to a 42 This Court has stated “[t]ruth is critical in the operation of our judicial system.” Florida Bar v. Feinberg, 760 So.2d 933, 939 (Fla. 2000); Florida Bar v. Cox, 794 So.2d 1278 (Fla. 2001). 46

material level of importance.” Kyles v. Whitley, 514 U.S. 419, 437 (1995). Accepting Veski’s proffered testimony as true, a clearer case of prosecutorial misconduct is hard to imagine. 43 In considering whether a Rule 3.850 movant is entitled to present evidence in support of his constitutional claims, his factual allegations “must” be accepted as true. Lightbourne v. Dugger, 549 So. 2d 1364, 1365 (Fla. 1989)(“Accepting the allegations concerning Chavers and Carson at face value, as we must for purposes of this appeal, they are sufficient to require an evidentiary hearing with respect to whether there was a Brady violation”). “Under rule 3.850, a postconviction defendant is entitled to an evidentiary hearing unless the motion and record conclusively show that the defendant is entitled to no relief.” Gaskin v. State, 737 So. 2d 509, 516 (Fla. 1999). Accord Patton v. State, 784 So. 2d 380, 386 (Fla. 2000); Arbelaez v. State, 775 So. 2d 909, 914-15 (Fla. 2000). Factual allegations as to the merits of a constitutional claim as well as issues of diligence must be accepted as true, and an evidentiary hearing is warranted if 43 These factual allegations were included in the motion to vacate Mr. Riechmann filed in circuit court (Supp. PC-R2. 62- 64), and proffered during the evidentiary hearing (Supp. PC- R2. 144). 47

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