Burrell v. State
Annotate this CaseAfter a jury trial, Appellant was convicted of premeditated first-degree murder and attempted first-degree murder. In a postconviction motion, Appellant argued that he was entitled to a new trial based on newly discovered evidence and the recantation of two witnesses. The postconviction court denied the petition after granting multiple continuances for Appellant to attempt to secure the appearance of favorable witnesses and then holding an evidentiary hearing. The Supreme Court affirmed on the merits but remanded for resentencing, holding (1) the postconviction court did not err when it refused to compel the attendance of certain witnesses at an evidentiary hearing; (2) Appellant forfeited his argument that his trial counsel provided ineffective assistance; and (3) the sentence imposed after a remand from Appellant’s direct appeal was improper. Remanded for resentencing.
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