JOHNSON v. STATE

No. SC08-1213.

PAUL BEASLEY JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee.

Supreme Court of Florida.

January 14, 2010.


Attorney(s) appearing for the Case

Martin J. McClain of McClain and McDermott, Wilton Manors, Florida, and Terri L. Backhus of Backhus and Izakowitz, P.A., Tampa, Florida, for Appellant

Bill McCollum, Attorney General, Tallahassee, Florida, Candance M. Sabella, Bureau Chief, and Katherine V. Blanco, Assistant Attorneys General, Tampa, Florida, for Appellee


PERRY, J.

Paul Beasley Johnson, a prisoner under sentence of death, appeals a circuit court order denying his second successive motion for postconviction relief, after an evidentiary hearing. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const.; Fla. R. Crim. P. 3.851. As explained more fully below, the record here is so rife with evidence of previously undisclosed prosecutorial misconduct that we have no choice but to grant relief.

Specifically, we conclude...

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