Latest Case: Dillbeck v. State (Criminal Law)

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Dillbeck v. State

Docket: SC20-178

Opinion Date: September 3, 2020

Judge: Per Curiam

Areas of Law: Criminal Law

The Supreme Court affirmed the order of the circuit court dismissing Petitioner's third successive motion for postconviction relief filed under Fla. R. Crim. P. 3.851, holding that the circuit court did not err in dismissing the motion as untimely. Petitioner was convicted of first-degree murder, armed robbery, and armed burglary. Petitioner was sentenced to death. The Supreme Court affirmed the convictions and sentence. Petitioner later filed a third successive motion for postconviction relief, raising a claim of newly discovered evidence. The trial court dismissed the motion as untimely. The Supreme Court affirmed, holding that because Petitioner and his counsel failed to exercise diligence in pursuing the facts on which the claim was predicated, the trial court did not err in dismissing the motion.