Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

DEVIRAL BAIN, Appellant, v. STATE OF FLORIDA, Appellee.

HARRIS, J.

Deviral Bain is before us on his fourth Rule 3.850 motion. He has been consistently unsuccessful thus far and his luck has not changed. We affirm the trial court's denial of his latest effort.

He claims "newly discovered" evidence that the State withheld impeachment evidence from the defense. He contends that this evidence is contained in an internal investigation file involving Officer Williams, who testified against him at trial. The problem with Bain's current position is that the evidence is neither newly discovered nor is it admissible evidence. The information contained in the internal investigation file which is relied on by Bain, with due diligence, should have been discovered earlier. More damaging, however, is the fact that the claimed new evidence would have been inadmissible in any event. See Jackson v. State, 545 So.2d 260 (Fla. 1989) (evidence of police officer's department reprimands inadmissible as impeachment evidence as it concerned inadmissible general acts of misconduct; reprimand not a conviction). AFFIRMED.

DAUKSCH and COBB, JJ., concur.

Use AI to get other relevant cases.

Comments

BAIN v. STATE
(Mar 7, 1997)