Mungin v. State
79 So. 3d 726
Fla.2011Background
- Mungin was convicted of the 1990 murder of Betty Jean Woods and sentenced to death; Brown, a new witness, claims he was the first on the scene and that no one else was present, contradicting Kirkland’s trial testimony.
- Brown’s affidavit alleges the police report was false and that Kirkland’s identification of Mungin was unreliable for impeachment.
- Cofer, Mungin’s trial counsel, states he relied on an inaccurate police report and would have interviewed Brown to impeach Kirkland but was not provided with the true information.
- The postconviction court denied relief after a Huff hearing, finding no prejudice from withholding information.
- The court remands Brady and Giglio claims for an evidentiary hearing but denies the newly discovered evidence claim under Jones v. State, noting the existing strong trial evidence against Mungin.
- The opinion concludes that the Brady and Giglio issues require live evidentiary development, to be conducted expeditiously within 120 days on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady violation materiality | Mungin argues the State suppressed Brown’s favorable evidence. | State contends disclosures were not material. | Remanded for evidentiary hearing on Brady claim. |
| Giglio violation materiality | Mungin asserts the State knowingly presented false information through Kirkland. | State argues no proven false testimony; knowledge prong lacking. | Remanded for evidentiary hearing on Giglio claim. |
| Newly discovered evidence (Jones) | Brown’s affidavit could produce acquittal at retrial. | Evidence not likely to yield acquittal given overwhelming trial record. | Denied as to newly discovered evidence claim; but Brady/Giglio remanded. |
Key Cases Cited
- United States v. Bagley, 473 U.S. 667 (U.S. 1985) (materiality in Brady requires reasonable probability of different outcome)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (duty to disclose favorable evidence)
- Strickler v. Greene, 527 U.S. 263 (U.S. 1999) (test for materiality in Brady; prejudice analysis)
- Way v. State, 760 So.2d 903 (Fla. 2000) (materiality standard for Brady in Florida context)
- Jones v. State, 709 So.2d 512 (Fla. 1998) (newly discovered evidence—probable acquittal standard (Jones test))
- Rhodes v. State, 986 So.2d 501 (Fla. 2008) (Giglio materiality—any reasonable possibility it affected verdict)