GEORGE CLIFTON COBB
v.
STATE OF FLORIDA
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The trial court properly denied Cobb's newly discovered evidence claim without an evidentiary hearing.
[1] A trial court may summarily deny a Rule 3.850 postconviction motion claiming newly discovered evidence without conducting an evidentiary hearing, though such denial may b…
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Join FLexlaw to unlock all legal intelligenceGeorge Clifton Cobb, IV appealed the denial of his Rule 3.850 postconviction motion in which he claimed newly discovered evidence. The postconviction …
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
GEORGE CLIFTON COBB, IV,
Appellant,
v. Case No. 5D19-3235
STATE OF FLORIDA,
Appellee.
________________________________/
Decision filed April 24, 2020
3.850 Appeal from the Circuit Court for Orange County, Robert J. Egan, Judge.
George Clifton Cobb, IV, Raiford, pro se.
Ashley Moody, State Attorney, Tallahassee, and Kaylee D. Tatman, Assistant State Attorney, Daytona Beach, For Appellee.
PER CURIAM.
AFFIRMED.
ORFINGER and EDWARDS, JJ., concur. EISNAUGLE, J., dissents with opinion.
2
EISNAUGLE, J., dissenting. CASE NO. 5D19-3235
I would reverse the summary denial of Appellant’s newly discovered evidence claim and remand for the postconviction court to make credibility determinations at an evidentiary hearing. See, e.g., Nordelo v. State, 93 So. 3d 178, 187–88 (Fla. 2012) (holding an evidentiary hearing was required on newly discovered evidence claim concerning proposed exculpatory testimony of a codefendant); Grays v. State, 246 So. 3d 520, 521–22 (Fla. 5th DCA 2018) (holding defendant was entitled to an evidentiary hearing on newly discovered evidence claim concerning affidavit from fellow prison inmate admitting to committing crimes for which defendant had been convicted).