Riley v. State (Dissenting)Annotate this Case
The Supreme Court dismissed Appellant’s appeal from the trial court’s denial of his motion for a new trial based on newly discovered evidence, holding that it was clear from the record that Appellant could not prevail on appeal, thus rendering moot Appellant’s motion for extension of time to file the appellant’s brief.
Appellant was found guilt of rape. Appellant later filed a motion for a new trial alleging that the victim recanted her trial testimony about where the rape had occurred. Appellant filed his motion for new trial based on newly discovered evidence more than six years after entry of his judgment of conviction. The Supreme Court dismissed the appeal, holding that Appellant’s motion for new trial was untimely.