State v. Corner, 84 So. 3d 358

State charged defendant with attempted first degree murder and later second degree murder after a deadly drive-by; surviving victim identified defendant as shooter.
Trial court convicted defendant; sentenced to concurrent life terms with a 25-year minimum under 10-20-life statute.
Defendant moved for post-conviction relief alleging ineffective assistance for failing to call alibi witnesses; later amended to include newly discovered evidence via surviving victim's affidavit.
Evidentiary hearing held; court found the surviving victim’s affidavit credible and that it undermined the identification; alibi witnesses and other evidence were considered.
Trial court concluded the newly discovered affidavit would probably produce an acquittal and granted a new trial; State appealed challenging the admissibility and impact of the affidavit.
Appellate court affirmed, holding that the affidavit, though based on others’ statements, was newly discovered evidence that could likely lead to acquittal given the trial record and corroboration.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the newly discovered evidence standard is satisfied.	State contends the affidavit is not recanting, is hearsay, and cannot warrant relief.	Defense argues the affidavit is newly discovered and could produce acquittal at retrial.	Yes; the affidavit meets the standard and could produce acquittal.
Whether the surviving victim's affidavit constitutes admissible newly discovered evidence despite not recanting at the hearing.	State asserts the affidavit is inadmissible hearsay and not a recantation.	Defendant asserts it is newly discovered and material to identity.	Yes; the affidavit is newly discovered evidence under the standard.
Whether the trial court's findings are supported by competent substantial evidence and should be preserved.	State argues credibility determinations should be reviewed de novo.	Defense argues trial court properly weighed credibility and corroboration.	Yes; findings are supported and not contradicted on appeal.

Jones v. State, 709 So.2d 512 (Fla. 1998) (establishes two-part test for newly discovered evidence)
Torres-Arboleda v. Dugger, 636 So.2d 1321 (Fla. 1994) (timeline and diligence requirements for new evidence)
Melendez v. State, 718 So.2d 746 (Fla. 1998) (limits on appellate reevaluation of credibility)
Blanco v. State, 702 So.2d 1250 (Fla. 1997) (principles for weighing witness testimony and evidence)
Wyatt v. State, 71 So.3d 86 (Fla. 2011) (distinguishes related factual circumstances)