Supreme Court of Florida

Michael T. Rivera, Appellant v. State of Florida, Appellee

November 25, 201540 Fla. L. Weekly Fed. S 658

Summary

The court affirmed the denial of Rivera’s successive postconviction claims involving alleged false testimony, suppressed impeachment evidence, ineffective assistance, and newly discovered DNA evidence. It held that Rivera failed to establish the required due diligence for claims based on documents available, or reasonably discoverable, during his initial postconviction proceedings. The court alternatively rejected the claims on the merits, concluding that the alleged benefits to the jailhouse informant were not shown to have induced false testimony, the undisclosed materials were cumulative and immaterial, and the DNA results would not probably produce an acquittal. The separately listed judges concurred in the result.