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Moore v. State
132 So. 3d 718
Fla.
2013
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Background

  • 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)
Read the full case

Case Details

Case Name: Moore v. State
Court Name: Supreme Court of Florida
Date Published: Nov 27, 2013
Citation: 132 So. 3d 718
Docket Number: No. SC12-459
Court Abbreviation: Fla.