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Thread: Anthony Mungin - Florida Death Row

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    Anthony Mungin - Florida Death Row




    Summary of Offense:

    On January 28, 1993, Anthony Mungin was convicted of first-degree murder.

    On September 16, 1990, a Jacksonville convenience store clerk, Betty Jean Woods, was shot in the head and died four days later. A customer of the convenience store, who entered the store shortly after the shooting, recalled seeing a man rushing out of the store with a paper bag. The customer, who later identified the man leaving the store as Mungin, discovered the wounded clerk. After the incident, a store supervisor noticed a cash discrepancy of $59.05 from the cash register.

    On September 18, 1990, Mungin was arrested in Kingsland, Georgia, after a police search of his house uncovered a .25-caliber semiautomatic pistol, bullets, and Mungin’s Georgia identification card. This arrest was for additional offenses committed two days prior to the murder of Woods. After an analysis of the bullet recovered from Woods, it was determined that it was fired from the .25-caliber pistol discovered at Mungin’s residence.

    Mungin was sentenced to death in Duval County on February 23, 1993.

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    MUNGIN v THE STATE OF FLORIDA

    In today's Florida Supreme Court opinions, the Court reversed and remanded the Brady and Giglio claims to the postconviction court for an evidentiary hearing pertaining to Brown and the allegation that the police report was false. The court expressed no opinion as to the claims and ordered the hearing be held within 120 days.

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    Florida Supreme Court orders hearing for death row inmate convicted in Jacksonville slaying

    A man convicted of killing a Jacksonville convenience store clerk in 1990 will get a hearing on a new witness.

    A divided Florida Supreme Court reversed Thursday a trial judge's denial of an evidentiary hearing sought by Anthony Mungin. The 5-2 majority said it needed more information to determine if the new testimony and an allegedly false police report might have changed the verdict.

    The new witness says he was first on the scene and Mungin was not there. That contradicts a trial witness.

    The justices, though, unanimously refused to overturn the guilty verdict noting other strong evidence, including a gun found at Mungin's home in Kingsland, Ga.

    Experts say it was used in the Jacksonville killing and two shootings in Monticello and Tallahassee. Those victims survived.

    http://www.therepublic.com/view/stor...enalty-Mungin/

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    ANTHONY MUNGIN v STATE OF FLORIDA

    In today's Florida Supreme Court opinions, the court AFFIRMED the district court's DENIAL of Mungin's successive motion to vacate a judgment of conviction for first-degree murder and a sentence of death filed under Florida Rule of Criminal Procedure 3.851 based on newly discovered evidence.

    After a trial, Defendant was convicted of first-degree murder and sentenced to death. After the denial of his first request for postconviction relief, Defendant filed a successive motion for postconviction relief, asserting that newly discovered evidence from a new witness impeached the only witness who identified Defendant as leaving the crime scene immediately after the murder, and demonstrated that the State violated Brady v. Maryland and Giglio v. United States. The postconviction court summarily denied relief. The Supreme Court remanded the Brady and Giglio claims for an evidentiary hearing but affirmed the order denying the newly discovered evidence claim. The postconviction court held an evidentiary hearing on remand and again denied relief. The Supreme Court affirmed, holding (1) substantial evidence supported the postconviction court's finding that Defendant failed to show the State willfully suppressed favorable evidence in violation of Brady; and (2) the postconviction court correctly denied Defendant's claim that the State knowingly presented false testimony in violation of Giglio.
    An uninformed opponent is a dangerous opponent.

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    In today's orders, the United States Supreme Court declined to review Mungin's petition for certiorari.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC17-815)
    Decision Date: November 15, 2018
    Rehearing Denied: December 11, 2018

    https://www.supremecourt.gov/search....c/18-8409.html

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    Distributed for conference January 21, 2022.

    https://www.supremecourt.gov/search....c/21-6472.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

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    Petition for certiorari denied.

    Lower Ct: Supreme Court of Florida
    Case Numbers: (SC18-635)
    Decision Date: February 13, 2020
    Rehearing Denied: June 22, 2021

    https://www.supremecourt.gov/search....c/21-6472.html

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    On October 24, 2022, Mungin filed an appeal to the United States Court of Appeals for the Eleventh Circuit.

    https://dockets.justia.com/docket/ci.../ca11/22-13616
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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    On October 24, 2023, oral argument will be heard in Mungin's appeal before the United States Court of Appeals for the Eleventh Circuit.

    https://www.ca11.uscourts.gov/sites/...%29_Mungin.pdf

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    Habeas relief denied by 11th Circuit 1/8/24.

    https://law.justia.com/cases/federal...024-01-08.html
    Thank you for the adventure - Axol

    Tried so hard and got so far, but in the end it doesn’t even matter - Linkin Park

    Hear me, my chiefs! I am tired. My heart is sick and sad. From where the sun now stands, I will fight no more forever. - Hin-mah-too-yah-lat-kekt

    I’m going to the ghost McDonalds - Garcello

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