Roberts v. State

George Roberts appeals the summary denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. In his motion, Roberts alleged several grounds for relief, but some of these grounds were not numbered. One of the unnumbered grounds asserted a claim of newly discovered evidence based on an allegation that two key state witnesses, Roberts’s daughters, recanted them testimony regarding sexual abuse. The trial court denied this claim because Roberts failed to. attach sworn affidavits from these witnesses as required by rule 3.850(c).1

On appeal, the…