Henington v. State (Majority)
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The Supreme Court denied Petitioner’s second petition to reinvest jurisdiction in the trial court to file a petition for writ of error coram nobis, holding that there was no merit to Petitioner’s allegations and that Petitioner did not exercise due diligence in bringing his claims.
In 2009, Petitioner was found guilty of the rape of a five-year-old girl. In his claims for issuance of the writ, Petitioner argued that the prosecutor committed misconduct and violated Brady v. Maryland, 373 U.S. 83 (1963). The Supreme Court denied the petition, holding (1) Petitioner failed to establish a Brady violation; and (2) Petitioner failed to exercise due diligence in bringing this second coram nobis petition.
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