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The State appeals the post-conviction court's grant of Andrew Royer's successive petition for post-conviction relief. The post-conviction court found that newly discovered evidence of unconstitutional conduct by the State during Royer's 2005 felony murder trial entitled Royer to a new trial. The State argues the evidence Royer offered at his post-conviction hearing regarding the reliability of his confessions to police was known at trial or could have been discovered with the exercise of reasonable diligence; immaterial; cumulative; merely impeaching; and/or would not probably produce a different result at retrial. Royer argues that the State used false evidence implicating Royer's co-defendant to link Royer to the crime; failed to disclose material, exculpatory evidence; and failed to disclose critical impeachment evidence.
The scheduled panel members are Judges May, Brown, and Weissmann.