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Robinson v. State

District Court of Appeal of Florida, Fourth District
Jun 9, 1999
736 So. 2d 93 (Fla. Dist. Ct. App. 1999)

Summary

holding that while an evidentiary hearing is "usually required to make that determination," summary denial is authorized where "the purported recantation testimony is neither sworn nor particularized"

Summary of this case from Rolle v. State

Opinion

No. 98-4122.

Opinion filed June 9, 1999.

Appeal of order denying rule 3.850 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Virginia Gay Broome, Judge; L.T. No. 93-4185 CFA02.

James Robinson, Florida City, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Carol Cobourn Asbury, Assistant Attorney General, West Palm Beach, for appellee.


James Robinson appeals the denial of his postconviction motion in which he raised several claims. We affirm the denial of relief on all grounds alleged, except for his claim of newly discovered evidence based on state's witness Christopher Sliwa's recantation of his trial testimony.

Robinson's motion attached an affidavit from Sliwa in which Sliwa stated that he had testified falsely at trial in order to obtain favorable treatment in his own criminal case. Recantation by a state witness does not necessarily entitle a defendant to a new trial. Florida law treats recantations with suspicion, and requires a new trial only if the court is satisfied that the recantation is true and that "the witness's testimony will change to such an extent as to render probable a different verdict." Armstrong v. State, 642 So.2d 730, 735 (Fla. 1994), cert. denied, 514 U.S. 1085, 115 S.Ct. 1799 (1995).

An evidentiary hearing is usually required to make that determination. See e.g., Hilbert v. State, 666 So.2d 1059, 1059 (Fla. 5th DCA 1996); Venuto v. State, 615 So.2d 255, 256 (Fla. 3d DCA 1993). In this case, the trial court denied relief after reviewing the entire trial record and Sliwa's affidavit, but without hearing any evidence. After conducting the same review, we cannot conclude that Sliwa's affidavit was inherently incredible or that his trial testimony was obviously immaterial to the verdict, so as to allow the trial court to reject his recantation without holding an evidentiary hearing.

We therefore reverse the summary denial of Robinson's motion in part, and remand with direction to hold an evidentiary hearing on this allegation only.

DELL, WARNER and TAYLOR, JJ., concur.


Summaries of

Robinson v. State

District Court of Appeal of Florida, Fourth District
Jun 9, 1999
736 So. 2d 93 (Fla. Dist. Ct. App. 1999)

holding that while an evidentiary hearing is "usually required to make that determination," summary denial is authorized where "the purported recantation testimony is neither sworn nor particularized"

Summary of this case from Rolle v. State

discussing that an evidentiary hearing need not be held if the affidavit supporting the defendant's claim is inherently unreliable.

Summary of this case from Collins v. Sec'y, Dep't of Corr.

In Robinson, a similar case involving a newly discovered evidence claim where an affidavit was attached from a State's witness recanting his former testimony, the Fourth District reversed a trial court's summary denial and remanded for an evidentiary hearing.

Summary of this case from McLin v. State
Case details for

Robinson v. State

Case Details

Full title:JAMES ROBINSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Jun 9, 1999

Citations

736 So. 2d 93 (Fla. Dist. Ct. App. 1999)

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