Leroy Morant v. the State of Florida
This text of Leroy Morant v. the State of Florida (Leroy Morant v. the State of Florida) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Third District Court of Appeal State of Florida
Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-1006 Lower Tribunal No. F12-17764 A ________________
Leroy Morant, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Laura Anne Stuzin, Judge.
Leroy Morant, in proper person.
James Uthmeier, Attorney General, and Richard L. Polin, Chief Assistant Attorney General, for appellee.
Before LOGUE, C.J., and LINDSEY and BOKOR, JJ.
PER CURIAM. Affirmed. See Blake v. State, 180 So. 3d 89, 122–23 (Fla. 2014) (“To
obtain a new trial based on newly discovered evidence, a defendant must
meet two requirements. First, the evidence must not have been known by
the trial court, the party, or counsel at the time of trial, and it must appear
that the defendant or defense counsel could not have known of it by the use
of diligence. Second, the newly discovered evidence must be of such nature
that it would probably produce an acquittal on retrial. Newly discovered
evidence satisfies the second prong of the [ ] test if it ‘weakens the case
against [the defendant] so as to give rise to a reasonable doubt as to his
culpability.’”) (internal citations omitted).
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