Turner v. State (Per Curiam)
Annotate this CaseIn 1998, after a jury trial, Appellant was convicted of aggravated robbery and theft of property and sentenced to an aggregate term of sixty-five years' imprisonment. The court of appeals affirmed. In 2010, Appellant filed a petition for writ of habeas corpus under Act 1780 of 2001 seeking scientific testing of certain evidence. The circuit court denied the petition, finding it to be untimely because the evidence was not newly discovered for purposes of the Act. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Appellant's petition on the ground that it was untimely filed because Appellant failed to rebut the presumption against timeliness; and (2) the remainder of Appellant's petition raised claims that were not cognizable in a petition for habeas corpus, and therefore, the circuit court's denial of Appellant's petition was not clearly erroneous.
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