Bedolla v. State
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The Supreme Court reversed the post-conviction court's order denying Appellant's motion to correct error and remanded this matter for further proceedings, holding that a post-conviction court abuses its discretion when it denies a party's legitimate request to make an offer of proof.
Appellant was convicted of murder. When seeking post-conviction relief Appellant found himself sharing a holding cell with a man who provided information that, if true, would exonerate Appellant. Appellant's attorney attempted to secure the man's testimony, but obtaining the testimony was challenging. Appellant's counsel eventually sought leave from the court to get the testimony, but the post-conviction court refused to hear any argument from the attorney, even denying her the opportunity to make an offer of proof. After the court closed the evidence and Appellant's counsel attempted to make her case and develop a record for appeal, the court silenced her with threats of contempt. The Supreme Court reversed the post-conviction court's order denying Appellant's motion to correct error, holding that the post-conviction court abused its discretion by denying counsel the opportunity to make an offer of proof.
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