Tavia v. State

District Court of Appeal of Florida

Tavia v. State

909 So. 2d 910, 2005 Fla. App. LEXIS 6520, 2005 WL 1026967

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 2005

DocketNo. 3D04-415

StatusPublished

Cited by1 cases

This text of 909 So. 2d 910 (Tavia v. State) 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.

Bluebook

Tavia v. State, 909 So. 2d 910, 2005 Fla. App. LEXIS 6520, 2005 WL 1026967 (Fla. Ct. App. 2005).

Pincite

Opinion

WELLS, Judge.

Ramona 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).

Free access — add to your briefcase to read the full text and ask questions with AI

WELLS, Judge.

Ramona 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).

Cite This Page — Counsel Stack

Bluebook (online)

909 So. 2d 910, 2005 Fla. App. LEXIS 6520, 2005 WL 1026967, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tavia-v-state-fladistctapp-2005.

Opinion

Related

Cite This Page — Counsel Stack