John F. Mosley v. State of Florida

Summary

The court affirmed Mosley’s death sentence because neither of the two issues raised in the appeal was properly before it. The challenge to the penalty-phase verdict was procedurally barred because Mosley failed to raise it in his prior direct appeal, while the challenge to the denial of newly discovered evidence was an untimely appeal from a final order. The court also stated that the newly discovered evidence claim would fail on the merits because the alleged impairment evidence could not probably produce an acquittal.