Bobo v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of first-degree murder while committing a drive-by shooting. The district court imposed a life sentence with the possibility of release. After the Supreme Court affirmed on appeal, Defendant filed several petitions for postconviction relief. Defendant's third and fourth petitions asserted claims of newly discovered evidence. The postconviction court denied Defendant’s third and fourth petitions after an evidentiary hearing, determining that because the witnesses who testified on Defendant’s behalf were not credible, the evidence that Defendant presented as newly discovered failed to satisfy the materiality requirement of the newly discovered evidence test set forth in Rainer v. State. The Supreme Court affirmed, holding that the postconviction court did not abuse its discretion in denying Defendant’s third and fourth petitions for postconviction relief.
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