Penn v. State (Per Curiam)
Annotate this CaseIn 1983, Petitioner was convicted of capital murder and sentenced to life imprisonment without parole. In 2004, Petitioner filed a pro se petition for writ of habeas corpus pursuant to act 1780 or 2001 in which he requested DNA testing of blood samples he claimed had been collected from the crime scene. The trial court denied the petition, and the Supreme Court affirmed. In 2012, Petitioner filed another pro se petition for writ of habeas corpus seeking the use of the Automated Fingerprint Identification System to compare prints lifted from the crime scene to the prints of three individuals he argued may have committed the crime for which he was convicted. The trial court denied the petition on the basis that Petitioner could have included the claim in the petition filed in 2004. Petitioner subsequently filed a motion for reconsideration, which the trial court denied. Petitioner filed a motion for belated appeal, which the Supreme Court denied, holding that the habeas petition and motion for reconsideration were wholly without merit, and therefore, Appellant could not prevail on appeal.
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