Dwyer v. State

Charles Owen Dwyer appeals the denial of his Florida Rule of Criminal Procedure 3.850 motion in which he made claims of ineffective assistance of his trial counsel, newly discovered evidence1 of the victim’s violent nature, and a Brady violation. We vacate the order based on the first two claims and remand for an evidentiary hearing.2

Dwyer’s conviction rested entirely on the jury’s consideration of the credibility of Dwyer and a co-defendant versus the testimony of the two victims. Dwyer alleged in his 3.850 motion that one of the victim’s reputation for violence constituted newly discovered…