Jones v. State (1992)

In Jones v. State, 591 So. 2d 911, 916 (Fla. 1992), the Court articulated a two-step inquiry for determining whether a defendant is entitled to relief for newly discovered evidence. See 591 So. 2d at 915-16. First, the facts must have been unknown at the time of trial and be such that they could not have been known by the exercise of due diligence. See id. at 916. The second prong, which the Court referred to as the "probability standard," see id., requires that "in order to provide relief, the newly discovered evidence must be of such nature that it would probably produce an acquittal on retrial." Id. at 915.