Views
5 years ago

Appellant's Brief - Florida State University College of Law

Appellant's Brief - Florida State University College of Law

(1972)(the “deliberate

(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’”). 61 In denying Mr. Riechmann’s due process claim, the circuit court made numerous legal errors that are subject to de novo review by this Court. Rogers v. State, 782 So.2d 373, 377 (Fla. 2001). The circuit court found Mr. Riechmann’s entire motion time-barred because he failed to show diligence, erroneously ruling that it was Mr. Riechmann’s duty to discover the withheld information (PC-R2. 1126). 62 Even though Judge Gold in 1996 found that post-conviction counsel had been or sentence based on deliberate obfuscation of relevant facts.” Garcia v. State, 622 So.2d 1325, 1331 (Fla. 1993). 61 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). 62 Inexplicably, in the same order finding Mr. Riechmann’s entire motion time-barred, Judge Bagley found “the evidence is indisputable that detectives Hanlon and Matthews failed to reveal to the State an arranged visit by Mr. Smykowski with his daughter and the purchase of chicken for that visit” (PC- R. 1137). Since the State did not disclose this information to Mr. Riechmann until April 18, 2002, a month before the evidentiary hearing commenced, it is hard to fathom the claim being time-barred. 74

diligent and could not have found the newly-discovered witnesses, Judge Bagley found a lack of diligence without hearing testimony from Hilliard Veski or Walter Smykowski regarding their disclosure of evidence withheld by the State. 63 Having time-barred the motion in its entirety, Judge Bagley proceeded to alternatively address the merits of Mr. Riechmann’s claims. In so doing, Judge Bagley never considered the facts asserted by Veski and Smykowski. He precluded Veski’s testimony, and he denied Mr. Riechmann the means to obtain Smykowski’s testimony. Without their testimony, Mr. Riechmann’s claims could not be evaluated cumulatively. See Mordenti v. State. 64 B. Failure to disclose favorable evidence and/or false 63 Judge Bagley also overlooked Supreme Court precedent imposing the burden to disclose withheld evidence upon the State. Banks v. Dretke, 124 S. Ct. 1256, 1263 (2004)(“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”). 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. 64 Judge Bagley’s order makes the conclusory statement on the last page of the order that “the Court reaches this conclusion after having evaluated and weighed each claim cumulatively to one another” (PC-R2. 1140). Despite the lip service paid in this one sentence, the order contains no evidence of the kind of cumulative analysis that this Court employed in Mordenti. 75

Ben Crump Winning the - Florida State University College of Law
Florida Statutes 1983, Volume 3 - Florida State University College of ...
Ch. 125.221 - Florida State University College of Law
university college - Department of Extended Studies - Florida ...
Levin College of Law - University of Florida
Levin College of Law - University of Florida
Focus on: - the Michigan State University College of Law.
Fla Law - Levin College of Law - University of Florida
Maritime Boundary: Chile - Peru - Florida State University College of ...
Levin College of Law - University of Florida
YES! - University of Florida College of Veterinary Medicine
Contents - College of Fine Arts - University of Florida
Environmental Law: - Levin College of Law - University of Florida
Untitled - Levin College of Law - University of Florida
Prospectus - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Q&A - Levin College of Law - University of Florida
FLORIDA STW CLEARINGHOUSE - cimes - Florida State University
Download Magazine - Levin College of Law - University of Florida
Gator Justice - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Untitled - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Download Magazine - Levin College of Law - University of Florida
Women on the Rise - Levin College of Law - University of Florida
Volume 45, Number 1 - Stetson University College of Law
Download Magazine - Levin College of Law - University of Florida
Belize (PDF) - Stetson University College of Law
A Brave New World: - College of Nursing - University of Florida