Mungin v. State

141 So. 3d 138, 38 Fla. L. Weekly Supp. 428, 2013 WL 3064817, 2013 Fla. LEXIS 1230
CourtSupreme Court of Florida
DecidedJune 20, 2013
DocketNo. SC12-877
StatusPublished
Cited by7 cases

This text of 141 So. 3d 138 (Mungin v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mungin v. State, 141 So. 3d 138, 38 Fla. L. Weekly Supp. 428, 2013 WL 3064817, 2013 Fla. LEXIS 1230 (Fla. 2013).

Opinion

PER CURIAM.

This case is before the Court on appeal from an order denying a successive motion to vacate a judgment of conviction for first-degree murder and a sentence of death filed under Florida Rule of Criminal Procedure 3.851. Because the order concerns postconviction relief from a capital conviction for which a sentence of death was imposed, this Court has jurisdiction of the appeal under article V, section 3(b)(1), of the Florida Constitution.

In his successive motion, the defendant, Anthony Mungin, challenged his conviction on the basis that he recently discovered that a witness’s testimony differed significantly from the police report, therefore impeaching the testimony of Ronald Kirkland, the only witness who identified Mun-gin as leaving the crime scene immediately after the murder. Contrary to Kirkland’s testimony at trial, the new witness, George Brown, asserted that he was the first person to arrive and no other person was present until after he found the victim and called 911. Mungin sought relief, asserting that the newly discovered evidence from Brown impeaches Kirkland and demonstrates that the State violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and Giglio v. United States, 405 U.S. 150, 92 S.Ct. 763, 31 L.Ed.2d 104 (1972). We reversed the postconviction court’s order that summarily denied all relief and remanded the Brady and Giglio claims to the postconviction court for an evidentiary hearing, but affirmed the order denying the newly discovered evidence claim. Upon remand, the postconviction court held the necessary ev-identiary hearing and subsequently denied relief. For the reasons discussed below, we affirm the denial of relief.

FACTS

The pertinent facts of this ease are set forth in this Court’s opinion on direct appeal as follows:

Betty Jean Woods, a convenience store clerk in Jacksonville, was shot once in the head on September 16, 1990, and died four days later. There were no eyewitnesses to the shooting, but shortly after Woods was shot a customer [Kirkland] entering the store passed a man leaving the store hurriedly with a paper bag. The customer, who found the injured clerk, later identified the man as Mungin. After the shooting, a store supervisor found a $59.05 discrepancy in cash at the store.
Mungin was arrested on September 18, 1990, in Kingsland, Georgia. Police found a .25-caliber semiautomatic pistol, bullets, and Mungin’s Georgia identification when they searched his house. An analysis showed that the bullet recovered from Woods had been fired from the pistol found at Mungin’s house.
Jurors also heard Williams [1] rule evidence of two other crimes. They were instructed to consider this evidence [141]*141only for the limited purpose of proving Mungin’s identity.
First, William Rudd testified that Mungin came to the convenience store where he worked on the morning of September 14, 1990, and asked for cigarettes. When Rudd turned to get the cigarettes, Mungin shot him in the back. He also took money from a cash box and a cash register. Authorities determined that an expended shell recovered from the store came from the gun seized in Kingsland.
Second, Thomas Barlow testified that he saw Meihua Wang Tsai screaming in a Tallahassee shopping center on the afternoon of September 14, 1990. Tsai had been shot while working at a store in the shopping center. A bullet that went through Tsai’s hand and hit her in the head had been fired from the gun recovered in Kingsland.

Mungin v. State (Mungin I), 689 So.2d 1026, 1028 (Fla.1995) (footnote omitted). On direct appeal, this Court affirmed Mun-gin’s first-degree murder conviction and sentence of death. Id. at 1082. Mungin then filed a motion for postconviction relief, asserting that his trial counsel was ineffective based on numerous alleged errors, among other claims, which was denied. This Court affirmed the denial of postconviction relief and denied Mungin’s petition for a writ of habeas corpus. Mungin v. State (Mungin II), 932 So.2d 986 (Fla.2006).

In the current proceeding, Mungin filed a successive motion for postconviction relief, asserting that the newly discovered evidence from Brown impeaches Kirkland and shows that the State violated Brady and Giglio. In support of this claim, Mun-gin presented an affidavit from Brown, in which Brown stated that he was the first person to arrive at the store and was in the store by himself during the entire time it took for him to select his purchases, wait for the cashier, search the store for her until he discovered the victim, and then call 911, at which point another man entered the store. Brown further stated in his affidavit that when he entered the store, another person brushed by him on his way out, and that he told the police this information — information that was contrary to statements in the police report that indicated Kirkland was the first person to arrive.

The postconviction court summarily denied relief, and Mungin appealed. On review, this Court detailed the requirements of establishing a newly discovered evidence claim, a Brady claim, and a Giglio claim. Mungin v. State (Mungin III), 79 So.3d 726, 734, 738 (Fla.2011). While both Brady and Giglio required materiality in order to grant relief, we recognized that a Giglio violation had a more defense-friendly materiality prong than a Brady claim. Mungin III, 79 So.3d at 738. Ultimately, we concluded that under either Brady or Gig-lio, the record did not conclusively show that the evidence was not material, and thus we remanded those claims to the postconviction court for an evidentiary hearing pertaining to Brown’s affidavit and the allegation that the police report was false. Mungin III, 79 So.3d at 737-38. However, we held that the same conclusion did not apply to the newly discovered evidence claim, which required that Mungin demonstrate that the evidence was “of such nature that it would probably produce an acquittal on retrial” — a standard that he could not meet. See id. at 738 (quoting Jones v. State, 709 So.2d 512, 521 (Fla.1998)).

After this Court remanded the action, the postconviction court held a hearing where numerous witnesses testified, including Brown and various law enforcement officers. The postconviction court [142]*142subsequently denied relief. Mungin now seeks review of this order, asserting that the postconvietion court erred in denying both the Brady claim and the Giglio claim. He also asserts that the postconviction court erred in denying a motion for disqualification based on this Court’s order remanding the case for an evidentiary hearing. We affirm the denial of relief and hold that the postconviction court did not err in denying the motion for disqualification.

ANALYSIS

Brady

In order to establish a Brady violation, “the defendant must demonstrate that (1) favorable evidence, either exculpatory or impeaching, (2) was willfully or inadvertently suppressed by the State, and (3) because the evidence was material, the defendant was prejudiced.” Mungin III, 79 So.3d at 734 (citing

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Bluebook (online)
141 So. 3d 138, 38 Fla. L. Weekly Supp. 428, 2013 WL 3064817, 2013 Fla. LEXIS 1230, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mungin-v-state-fla-2013.