Graham v. State
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The Supreme Court affirmed the judgment of the superior court denying Appellant's application for postconviction relief, holding that Appellant's claims lacked merit.
Appellant was convicted of first-degree murder, discharging a firearm during the commission of a crime of violence, and conspiracy. Appellant later filed a pro se application for postconviction relief, arguing that newly discovered evidence required a new trial, that the trial justice impermissibly amended the indictment, and that a consecutive life sentence for discharging a firearm during the commission of a crime of violence should not have been imposed. The hearing justice denied the application for postconviction relief. The Supreme Court affirmed, holding (1) the hearing justice correctly found that Appellant's evidence did not meet the test for newly discovered evidence; and (2) Appellant's remaining claims were barred by res judicata and also lacked merit.
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