Slocum v. State (Per Curiam)
Annotate this CaseIn 1995, Appellant was convicted of capital murder and sentenced to life imprisonment without parole. The Supreme Court affirmed. In 2011, Appellant filed a pro se petition for writ of habeas corpus pursuant to Act 1780 of 2001 seeking DNA and fingerprint testing of a rubber mask found at the crime scene. The trial court denied the petition. Appellant filed an appeal and moved for extension of time to file his brief-in-chief. The Supreme Court dismissed the appeal and mooted the motion, holding that because Appellant failed to rebut the presumption against timeliness or to satisfy the requirement that the proposed testing produced new material evidence that would both support the theory of defense presented at trial and raise a reasonable probability that the petitioner did not commit the offense, the trial court was not clearly erroneous in denying Appellant's petition for relief.
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