Reed v. State
116 So. 3d 260
| Fla. | 2013Background
- Reed was convicted of first‑degree murder and sentenced to death; the underlying facts were upheld on direct appeal.
- Reed filed an initial postconviction motion; after remand, the court denied relief and this Court denied related habeas corpus.
- On March 16, 2011, Reed filed an amended successive postconviction motion alleging: (i) Sixth/Eighth Amendment issues under Porter; (ii) newly discovered evidence of innocence; (iii) Eighth Amendment challenge to lethal injection protocol.
- Reed sought discovery in May 2011 for a photograph of an unidentified fingerprint related to a deceased inmate (Kirkland) whom Reed argues is the actual killer.
- The circuit court denied relief and discovery; Reed appeals asserting multiple claims including failure to conduct hearings and improper discovery rulings.
- The Court affirms the circuit court’s denial of relief and of discovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of the newly discovered evidence claim | Reed argues timely discovery under 3.851(d)(2) | State contends late filing bars relief | Timeliness bar upheld; claim time‑barred under 3.851(d)(2) |
| Standard of review for summary denial | Reed contends evidentiary hearing required | State cites Walton standard for summary denial | Standard of review affirmed; no hearing required where no relief is shown |
| Newly discovered evidence standard | Affidavits could exonerate; probable acquittal at retrial | Affidavits lack specificity and do not negate Reed's guilt | Affidavits do not meet Jones II prongs; no relief |
| Brady claim sufficiency | Bosso interview materiality suppressed and exculpatory | Evidence not material or prejudicial when viewed with trial record | Brady materiality not shown; no effect on verdict |
| Lethal injection protocol challenge under Porter/ Valle | Argues new protocol unconstitutional and merits evidentiary hearing | Valle controls; no new evidentiary hearing warranted | Denied relief; Valle/Schwab lineage remains controlling |
Key Cases Cited
- Walton v. State, 77 So.3d 639 (Fla.2011) (retroactivity of Porter; standard for review of postconviction claims)
- Reed v. State, 875 So.2d 415 (Fla.2004) (procedural history in postconviction proceedings; credibility determinations)
- Valle v. State, 70 So.3d 530 (Fla.) (approval of current lethal injection protocol; Eighth Amendment)
- Pardo v. State, 108 So.3d 558 (Fla.2012) (reaffirming Valle on lethal injection)
- Jones v. State (Jones II), 709 So.2d 512 (Fla.1998) (newly discovered evidence—probability of acquittal)
- Guzman v. State, 941 So.2d 1045 (Fla.2006) (Brady materiality standard)
- Buzia v. State, 82 So.3d 784 (Fla.2011) (Brady materiality and Strickland standards)
- Herrera v. Collins, 506 U.S. 390 (1993) (standards for late‑appearing exculpatory evidence)
- Hitchcock v. State, 991 So.2d 337 (Fla.2008) (credibility concerns with third‑party confessions)