Coley v. State
2011 Fla. App. LEXIS 18411
| Fla. Dist. Ct. App. | 2011Background
- Coley was convicted by jury in 1999 of aggravated battery with great bodily harm and sentenced to 15 years.
- In 2009 Coley filed a Rule 3.850 motion alleging newly discovered evidence from a new witness, Melvin Gay, who would testify that Derek McNeal shot the victim.
- Gay's sworn affidavit claimed he was unknown at the time of trial and could not have been discovered earlier by due diligence.
- The postconviction court denied relief, finding Gay could have been located with due diligence and that his testimony was incredible due to inconsistencies with other eye witnesses.
- The court applied the two-prong test for newly discovered evidence: not known at trial and likely to produce an acquittal at retrial.
- The Second District reversed, ordering remand for either summary denial with refuting record or an evidentiary hearing on Gay's reliability and impact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 3.850 motion was properly denied at summary stage | Coley: Gay's testimony is newly discovered and could yield acquittal | State: Evidence could have been discovered with diligence and is not credible | Reversed for evidentiary hearing or proper summary denial |
Key Cases Cited
- Preston v. State, 970 So.2d 789 (Fla. 2007) (two-prong test for newly discovered evidence)
- Jones v. State, 709 So.2d 512 (Fla.1998) (newly discovered evidence must create reasonable doubt)
- Smith v. State, 39 So.3d 461 (Fla. 2d DCA 2010) (credibility and materiality questions reserved for hearing)
- McLin v. State, 827 So.2d 948 (Fla. 2002) (summary denial improper where affidavit not inherently incredible)