Nooner v. State (Majority, with Dissenting)
Annotate this CaseAfter a jury trial, Appellant was found guilty of capital murder and sentenced to death. The Supreme Court affirmed the conviction and sentence on appeal. Appellant then sought post-trial relief through a petition for postconviction relief and two habeas corpus petitions, all of which were unsuccessful. Appellant filed the instant motion to recall his direct-appeal mandate just a few weeks after the court of appeals had affirmed the denial of his second habeas petition, asserting that there were two instances of a breakdown in the appellate process that he argued would justify recalling the mandate. The Supreme Court denied the motion, holding that none of Appellant’s arguments demonstrated extraordinary circumstances to justify recalling the mandate in his direct appeal.
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