Allen v. State (Per Curiam)
Annotate this CasePetitioner was convicted of capital murder and sentenced to life imprisonment without parole. Petitioner later filed a pro se petition seeking to have jurisdiction reinvested in the trial court to consider a petition for writ of error coram nobis alleging that the State withheld material evidence from the defense in violation of Brady v. Maryland. The petition was denied. Thereafter, Petitioner filed a second petition to reinvest jurisdiction in the trial court to consider a petition for writ of error nobis, again claiming that the State withheld information that would have resulted in a different outcome in the proceedings. The Supreme Court dismissed the petition, holding that Petitioner did not establish a basis for issuance of the writ in his first petition, and Petitioner’s reassertion of essentially the same claims in the instant petition was a misuse of the remedy.
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