Supreme Court of Florida

Anthony Joseph Farina, Petitioner v. State of Florida, Respondent

May 12, 2016191 So. 3d 454

Summary

The Florida Supreme Court reversed the trial court’s dismissal of Farina’s motion for a new trial based on newly discovered evidence, holding that the dismissal was premature and remanding for the motion to be considered on its merits. The Court affirmed its jurisdiction over the collateral proceeding despite the vacated death sentence and applied the one‑year rule for newly discovered evidence. A dissent argued the Court lacked jurisdiction and that the motion was untimely under Rule 3.851.