Bienemy v. State (Per Curiam)Annotate this Case
After a jury trial, Petitioner was found guilty of being an accomplice to capital murder. Petitioner was sentenced to life imprisonment without parole. Petitioner’s conviction was affirmed on appeal. Now before the Supreme Court was Petitioner’s pro se application to reinvest jurisdiction in the trial court to consider a petition for writ of error coram nobis or, alternatively, to recall the mandate. In support of his petition Petitioner argued that a supplemental crime-lab report contained material, exculpatory evidence that had been withheld by the prosecution. The Supreme Court denied the petition, holding that the evidence was not withheld by the State prior to Petitioner’s trial and was neither material nor exculpatory.