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 the postconviction order granting Dougan a new trial because the State knowingly presented and failed to correct false testimony about its key witness's plea arrangement, and because defense counsel's actual conflicts of interest and deficient preparation undermined the guilt-phase defense. The court held that the false testimony was material and that counsel's conflicts required presumed prejudice, while counsel's other deficiencies independently undermined confidence in the verdict. Justice Pariente concurred, agreeing that the cumulative errors required a new trial while noting that the separate question of whether Dougan's death sentence should have been reduced to life was not before the court.