GEORGE MANUEL
v.
THE STATE OF FLORIDA
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A defendant cannot invoke the concept of manifest injustice to excuse a procedural bar and obtain review of a postconviction claim merely by asserting the words 'manifest injustice' without alleging facts that justify such an extraordinary exception.
[1] A defendant seeking to overcome a procedural bar to postconviction review on grounds of manifest injustice must allege specific facts supporting such relief; mere asserti…
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Join FLexlaw to unlock all legal intelligence“The mere incantation of the words 'manifest injustice' does not make it so. Beiro has failed to allege any facts—nor can he—to justify invoking the extremely limited concept of manifest injustice to excuse a procedural bar and allow us to review the merits of his instant claim.”
Court's application of precedent denying postconviction relief based on failure to allege manifest injustice
George Manuel appealed from a circuit court decision in Miami-Dade County, attempting to challenge the validity of his conviction through a postconvic…
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PER CURIAM.
Affirmed. See Beiro v. State, 289 So. 3d 511, 511-12 (Fla. 3d DCA 2019) (observing: “The mere incantation of the words ‘manifest injustice’ does not make it so. Beiro has failed to allege any facts—nor can he—to justify invoking the extremely limited concept of manifest injustice to excuse a procedural bar and allow us to review the merits of his instant claim . . . . There is little doubt that every defendant believes they will suffer a ‘manifest injustice’ if their postconviction claim is deemed foreclosed by the passage of time. However, a defendant does not have an unlimited right to continue to litigate (and relitigate) the validity of their conviction, and such a limited right must be balanced against the State's competing and substantial interest in the finality of judgments in criminal cases.”)