Supreme Court of Florida

Brett A. Bogle, Appellant v. State of Florida, Appellee; Brett A. Bogle, Petitioner, v. Julie L. Jones

February 9, 2017213 So. 3d 833

Summary

The court affirmed the denial of Bogle’s amended postconviction motion and denied habeas relief, concluding that none of his due-process, discovery, Brady, Giglio, ineffective-assistance, newly discovered evidence, conflict-of-interest, or prosecutorial-misconduct claims warranted relief. The court held that the suppressed evidence concerning possible involvement by another person was not material in light of the strong evidence connecting Bogle to the murder, and that the challenged trial and appellate counsel omissions either were not deficient or caused no prejudice. The court also held that the capital-sentencing challenge was unavailable because the later constitutional decision did not apply retroactively to Bogle’s final conviction. Pariente, J., concurring in part and dissenting in part, would have granted Bogle a new penalty phase under the later capital-sentencing decision.