McDonough v. State
Annotate this CaseDefendant was convicted for first-degree murder and attempted first-degree murder. After Defendant's convictions were affirmed on appeal, Defendant filed four separate petitions for postconviction relief, each of which was denied by the postconviction court. Defendant filed a fifth petition for postconviction relief, arguing that (1) he was entitled to relief based on newly discovered evidence of false testimony, and (2) the statute under which he was convicted was unconstitutional. The postconviction court denied Defendant's petition. The Supreme Court affirmed, holding (1) based on the postconviction court's findings, the court did not abuse its discretion when it summarily denied Defendant's claim of newly discovered evidence; and (2) Defendant's claim that the statute under which he was convicted was unconstitutional was time-barred.
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