Goodman v. State

The appellant challenges the trial court’s summary denial of his third motion for postconviction relief, filed pursuant to Florida Rule of Criminal Procedure 3.850. Although this motion is successive, the appellant raises what we hold to be a facially sufficient claim based on newly discovered evidence in the form of an affidavit submitted by a previously unknown eyewitness who claims to have seen the actual perpetrator of the crime to which the appellant pled. The fact that a rule 3.850 motion is successive does not prevent a trial court from considering a facially sufficient claim of newly…