Moore v. State
132 So. 3d 718
Fla.2013Background
- Moore was convicted of first-degree murder and sentenced to death after a 1993 trial with three aggravating factors.
- He filed multiple postconviction petitions; this is his second successive motion under Florida Rule 3.851 challenging the death sentence.
- The issues raised include Giglio violations (false or uncorrected testimony) and newly discovered evidence alleging innocence.
- The postconviction court held an evidentiary hearing and denied relief; appellate review is limited to the record and de novo legal analysis.
- Key trial witnesses included Clemons, Gaines, Jackson, and Shorter; the State's burden included proving material Giglio violations and the strength of evidence at retrial.
- The court ultimately affirmed the denial of postconviction relief on all claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Giglio violations were proven or not | Moore contends three witnesses had false testimony | State maintains claims are untimely or meritless | No reversible Giglio error; not proven material |
| Newly discovered evidence showing innocence | Evidence from juveniles supports innocence | Evidence not likely to produce acquittal on retrial | Denied; evidence would not likely yield acquittal |
Key Cases Cited
- Guzman v. State, 868 So.2d 498 (Fla.2003) (Giglio materiality standard; state bears burden to show harmlessness)
- Tompkins v. State, 994 So.2d 1072 (Fla.2008) (materiality and potential effect on verdict; standard for Giglio)
- Jones v. State, 709 So.2d 512 (Fla.1998) (newly discovered evidence framework; weight of evidence)
- Mungin v. State, 79 So.3d 726 (Fla.2011) (test for newly discovered evidence: likely to produce acquittal)
- Byrd v. State, 14 So.3d 921 (Fla.2009) (procedural bar; affidavits and pretrial information)
- Jimenez v. State, 997 So.2d 1056 (Fla.2008) (Giglio claim based on pretrial materials; procedural bar considerations)
- Porter v. State, 788 So.2d 917 (Fla.2001) (credibility determinations afforded deference)
