Supreme Court of Florida

Troy Merck, Jr. v. State of Florida

December 28, 2018

Summary

The Court affirmed the denial of Merck’s successive postconviction motion challenging his murder conviction through Giglio, Brady, and newly discovered evidence claims. It held that the postconviction court’s factual findings were supported by competent, substantial evidence and that the alleged evidence either was not false or suppressed, was immaterial, was untimely, or would not probably produce an acquittal. The Court’s decision concerns only Merck’s conviction because his sentence was separately subject to resentencing.