Leroy Morant v. the State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.

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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).