Tafero v. State, 62847
| Decision Date | 06 October 1983 |
| Docket Number | No. 62847,62847 |
| Citation | 440 So.2d 350 |
| Parties | Jesse Joseph TAFERO, Petitioner, v. STATE of Florida, Respondent. |
| Court | Florida Supreme Court |
Petition for Writ of Error Coram Nobis.
Elizabeth J. du Fresne, of du Fresne & Bradley, P.A., Miami, Marc Cooper, of Greene & Cooper, P.A., Miami, for petitioner.
Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for respondent.
On consideration of the Motion for Leave to File Petition for Writ of Error Coram Nobis, it is ordered by the Court that said motion be and the same is hereby denied.
I dissent and would grant leave to apply for a writ of error coram nobis. I believe that when a witness, under penalty of perjury, recants critical testimony given at the trial, there should be an evidentiary hearing. Such a recantation raises the question of whether an innocent person has been sentenced to prison or the electric chair on the basis of perjured testimony. Surely when a substantial question of such a miscarriage of justice has been raised, the state, society, and the courts should be sufficiently concerned to require further inquiry.
I would find that whenever the asserted recanted testimony was a critical feature of the trial there must be an evidentiary hearing.
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Tafero v. Dugger, 88-6156-CIV.
...1492, 71 L.Ed.2d 694 (1982), and in 1983, denied his motion for leave to file a petition for writ of error coram nobis. Tafero v. State, 440 So.2d 350 (Fla.1983), cert. denied, 465 U.S. 1084, 104 S.Ct. 1456, 79 L.Ed.2d 773 (1984). On November 2, 1984, eight years after Tafero's conviction, ......
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Tafero v. Wainwright
...Florida for permission to file a writ of error coram nobis alleging newly discovered evidence. This petition was denied. Tafero v. Florida, 440 So.2d 350 (Fla.1983), cert. denied, 465 U.S. 1084, 104 S.Ct. 1456, 79 L.Ed.2d 773 On November 2, 1984, the Governor of Florida signed a death warra......
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Tafero v. State, 75909
...So.2d 355 (Fla.1981) (conviction and sentence affirmed), cert. denied, 455 U.S. 983, 102 S.Ct. 1492, 71 L.Ed.2d 694 (1982); Tafero v. State, 440 So.2d 350 (Fla.1983) (petition for writ of error coram nobis denied), cert. denied, 465 U.S. 1084, 104 S.Ct. 1456, 79 L.Ed.2d 773 (1984); Tafero v......
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Tafero v. Dugger, 71946
...71 L.Ed.2d 694 (1982). Later, this Court denied Tafero's motion for leave to file a petition for writ of error coram nobis. Tafero v. State, 440 So.2d 350 (Fla.1983). After the signing of his first death warrant, Tafero moved for postconviction relief; this Court affirmed the trial court's ......