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DAVIS v. STATE

No. SC08-1808.

26 So.3d 519 (2009)

Mark Allen DAVIS, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied January 11, 2010.

Attorney(s) appearing for the Case

Linda McDermott of McClain and McDermott, P.A., Wilton Manors, FL, for Appellant.

Bill McCollum, Attorney General, Tallahassee, FL, and Candance M. Sabella, Chief Assistant Attorney General, Tampa, FL, for Appellee.

PER CURIAM.

Mark Allen Davis, a prisoner under sentence of death, seeks review of an order of the circuit court summarily denying his successive motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.851. Under our mandatory jurisdiction to review this final order, we affirm because the newly discovered evidence would not probably produce an acquittal on retrial or result in different sentences, and the claims under Brady v. Maryland...

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