State v. James B. Boughs

I would reverse the trial court’s order granting a new trial based on Boughs’ motion for postconviction relief alleging newly discovered evidence.1 See Fla. R. Crim. P. 3.850. The purported newly discovered evidence, which consists of a *1281tweet2 allegedly written by the victim two years after the offense occurred, constitutes inadmissible hearsay not subject to any of the enumerated exceptions.3 See §§ 90.801-.803, Fla. Stat. (2015). Additionally, even if it were admissible, because the tweet is not a recantation and does not materially alter the child’s testimony, it is not likely to change…