NILIO v. STATE

No. 1D19-106.

289 So.3d 525 (2019)

Michael Joseph NILIO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied Rehearing Denied January 31, 2020.


Attorney(s) appearing for the Case

Michael Joseph Nilio, pro se, Appellant.

Ashley Moody , Attorney General, and Heather Flanagan Ross , Assistant Attorney General, Tallahassee, for Appellee.


Michael Joseph Nilio appeals an order summarily denying his Rule 3.850 motion for postconviction relief as successive. Because Nilio's motion raised a claim of newly discovered evidence and alleged a facially sufficient reason for his failure to assert the instant claim in a prior motion, the postconviction court erred by denying his motion...

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