Summary
In Kearse v. State, No. SC11–244 (Fla. Oct. 21, 2011) (75 So.3d 1244) (table report), a capital defendant filed a successive rule 3.851 motion.
Summary of this case from Gore v. StateOpinion
Case No. SC11-244.
October 21, 2011.
Lower Tribunal No(s). 561991CF000136A.
Billy Leon Kearse filed a second successive postconviction motion in which he asserted that his prior claim of ineffective assistance of counsel should be reexamined in light of newly discovered evidence about his trial counsel. The postconviction court summarily denied the motion. We hereby affirm the postconviction court's summary denial. Because Kearse did not present any evidence that would probably result in a finding that trial counsel was ineffective, the postconviction court properly denied his newly discovered evidence claim as legally insufficient.
CANADY, C.J., and PARIENTE, LEWIS, QUINCE, POLSTON, LABARGA, and PERRY, JJ., concur.