Public-domain · open source
OpenJurist

909 So. 2d 910

Tavia v. State

District Court of Appeal of Florida · decided 2005-05-04

Cited by 8 later decisions — most recently October 2013

8 state decisions

Relies on Jones v. State · 702 So. 2d 1250 - Blanco v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-05-04

View the full empirical analysis of this case →

WELLS, Judge.

¶1Ramona Tavia appeals from the denial of a 3.850 motion following an evidentiary hearing on Tavia’s claim that newly discovered evidence entitled her to a new trial. We affirm because the trial court’s conclusion that the new evidence lacks credibility is supported by competent substantial evidence. See Jones v. State, 709 So.2d 512, 521-22 (Fla.1998) (stating that in determining whether newly discovered evidence would probably produce an acquittal on retrial, a trial court must consider both admissibility and the weight to be accorded to the new evidence); Blanco v. State, 702 So.2d 1250, 1252 (Fla.1997) (stating that a lower court’s credibility determinations will not be overturned if supported by competent substantial evidence).

/909/so2d/910 · .json · Public domain