Sunday, December 3, 2006

FSC on recantation

Furthermore, with regard to claims of newly discovered evidence involving

recanted testimony, this Court has explained:

In assessing recanted testimony, we have stressed caution,

noting that it may be unreliable and trial judges must "examine all of the

circumstances in the case." Accordingly, "[r]ecantation by a witness

called on behalf of the prosecution does not necessarily entitle a.-19-

defendant to a new trial." That is the purpose of an evidentiary

hearing.

Robinson v. State, 707 So. 2d 688, 691 (Fla. 1998) (citations omitted).

No comments: