Troy Merck, Jr. v. State of Florida

Summary

The Supreme Court of Florida affirmed the summary dismissal of Troy Merck, Jr.’s third successive postconviction motion. The court held that the record conclusively refuted Merck’s claim under McCoy v. Louisiana because trial counsel had not conceded his guilt by advancing a voluntary-intoxication defense.

Holdings

1. Summary dismissal was proper because the record conclusively refuted Merck's allegation that trial counsel conceded his guilt when presenting the voluntary-intoxication theory.

Questions Presented

1. Whether the circuit court properly summarily dismissed Merck's third successive postconviction motion alleging that trial counsel violated McCoy v. Louisiana by conceding guilt over Merck's asserted objective of maintaining actual innocence.
2. Whether the Supreme Court needed to decide whether Merck's successive motion was timely under Florida Rule of Criminal Procedure 3.851(d)(2)(B).

Disposition

affirmed