Public-domain · open source
OpenJurist

661 So. 2d 278

661 So.2d 278

20 Fla.L.WeeklySupp. 353

Bolender v. State

Supreme Court of Florida

Decided July 17, 1995

Supreme Court of Florida · decided 1995-07-17

Relies on Jones v. State · 647 So. 2d 106 - Johnson v. Singletary · 658 So. 2d 82 - Bolender v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-07-17

How this case has been cited

Cited by 28 later decisions — most recently July 2019 · most notably 974 So. 2d 1052 - Williams v. Davis (2007), Lester Ex Rel. Mavrogenis v. Hall (1998)

23 state decisions

140199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1Bernard Bolender appeals the trial court’s denial of his fourth motion for postconviction relief and requests a stay of execution from this Court. We have jurisdiction. Art. V, § 3(b)(1). We affirm the trial court’s ruling and deny Bolender’s request for a stay from his execution, which is scheduled to occur tomorrow, July 18, 1995, at 10:05 a.m.

¶2The procedural history of this ease is set forth in our opinion released July 11,1995, in which we approved the trial court’s dismissal of Bolender’s third motion for postconviction relief, and issued a temporary stay to allow Bolender to seek relief in federal court. Bolender v. State, 658 So.2d 82 (Fla.1995). This morning, Bolender filed a fourth postconviction motion in the trial court and an application for a stay of execution in this Court. The motion and application for stay contain affidavits of inmates who have come forth since July 11, 1995, and claim that Macker told them versions of the murder which are in conflict with Maeker’s trial testimony. Relying on Johnson v. Singletary, 647 So.2d 106 (Fla.1994), and Jones v. State, 591 So.2d 911 (Fla.1991), Bolender claims that this testimony constitutes newly discovered evidence requiring an evidentiary hearing.

¶3We have considered the motion and application for stay and have determined that the evidence contained within the affidavits is insufficient for us to conclude that further proceedings would probably produce a different result. See Jones, 591 So.2d at 915-16. Accordingly, we affirm the trial court’s denial of Bolender’s fourth motion for posteonvietion relief and deny the application for stay of execution.

¶4It is so ordered.

¶5NO MOTION FOR REHEARING WILL BE ALLOWED.

GRIMES, C.J., and SHAW, HARDING and WELLS, JJ., concur.ANSTEAD, J., dissents.
/661/so2d/278 · .json · Public domain