Supreme Court of Florida

State of Florida, Appellant/cross-Appellee v. Jacob John Dougan, Jr., Appellee/cross-Appellant

October 20, 201641 Fla. L. Weekly Supp. 455

Summary

The court affirmed an order granting Jacob Dougan a new trial, holding that the State violated Giglio by allowing its key eyewitness to give materially false testimony about the terms and contingencies of his plea arrangement. The court also held that Dougan's guilt-phase counsel operated under an actual conflict of interest and provided deficient, prejudicial representation, independently reinforcing the need for a new trial. Justice Pariente, concurring, agreed with the result but emphasized the prior death sentence's narrow vote and her view that the sentence should have been reduced to life imprisonment.