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Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

Id. at 179 (emphasis

Id. at 179 (emphasis added). 57 A due process violation is established when: The evidence at issue [was] favorable to the accused, either because it [was] exculpatory, or because it [was] impeaching; that evidence [was] suppressed by the State, either willfully or inadvertently; and prejudice [ ] ensued. Strickler v. Greene, 527 U.S. 263, 281-82 (1999). Prejudice is established where confidence in the reliability of the conviction is undermined as a result of the prosecutor’s failure to comply with his obligation to disclose exculpatory evidence. Cardona v. State, 826 So.2d 968 (Fla. 2002); Hoffman v. State, 800 So.2d 174 (Fla. 2001); State v. Hugins, 788 So.2d 238 (Fla. 2001); Rogers v. State, 782 So.2d 373 (Fla. 2001); State v. Gunsby, 670 So.2d 920 (Fla. 1996); Gorham v. State, 597 So.2d 782 (Fla. 1992); Roman v. State, 528 So.2d 1169 (Fla. 1988). However, where it is demonstrated that the State intentionally misled the defense and/or the trier of fact, the due process violation warrants a reversal unless the State proves that the due process violation was harmless beyond a 57 “When police or prosecutors conceal significant exculpatory or impeaching material in the State’s possession, it is ordinarily incumbent on the State to set the record straight.” Banks v. Dretke, 124 S. Ct. 1256, 1263 (2004). Thus, a rule “declaring ‘prosecutor may hide, defendant must seek,’ is not tenable in a system constitutionally bound to accord defendants due process.” Id. at 1275. 72

easonable doubt. 58 Guzman v. State, 868 So. 2d 498 (Fla. 2003); Mordenti v. State, 29 Fla. L. Weekly at S809. In Guzman, this Court explained, “[t]he State as beneficiary of the Giglio violation, bears the burden to prove that the presentation of false testimony at trial was harmless beyond a reasonable doubt.” Id. at 507. 59 This Court explained that this is a “more defense friendly standard” than the standard applied in those cases where it is not established that the prosecutor deliberately misled the defense and/or the trier of fact. 60 See Giglio v. United States, 405 U.S. 150, 153 58 The Supreme Court has recognized that a dispute has arisen as to whether an intentional deception claim (Giglio) made under the due process clause is separate and distinct from a failure to disclose claim (Brady) also made under the due process clause. Banks v. Dretke, 124 S.Ct. at 1271 n. 11. Having recognized the unresolved issue, the Court left the question unanswered. Id.(“we need not decide whether a Giglio claim, to warrant adjudication, must be separately pleaded”). However, here, Mr. Riechmann pled both Brady and Giglio violations occurred. 59 This standard is from the United States Supreme Court holding that in cases “involving knowing use of false evidence the defendant’s conviction must be set aside if the falsity could in any reasonable likelihood have affected the jury’s verdict.” United States v. Bagley, 473 U.S. 667, 678-79 n. 9 (1985). 60 A prosecutor must not knowingly rely on false impressions to obtain a conviction. Alcorta v. Texas, 355 U.S. 28 (1957)(principles of Mooney 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 73

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