1DCA: Newly Discovered Evidence

Where a co-defendant’s letter written after the defendant’s trial indicates that the defendant did not have advance knowledge of a robbery, a trial court errs by failing to make a factual determination of whether the letter constitutes newly discovered evidence.  (And strongly hints that if it DOES constitute newly discovered evidence, the defendant might be entitled to a new trial.)

Stills v. State, 1D13-5310
Duval Judge Stetson