Sullivan v. State
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The Supreme Court affirmed the judgment of the district court dismissing a petition filed under the Post-Conviction Determination of Factual Innocence Act for failing to identify newly discovered evidence and for making conclusory claims, holding that the district court properly dismissed Appellant's petition on its initial review.
The district court summarily denied Appellant's actual innocence petition for failing to cite newly discovered evidence that would clearly establish his factual innocence and for making irrelevant and conclusory allegations. The Supreme Court affirmed, holding (1) the district court did not err in finding that Appellant did not present newly discovered evidence his post-conviction petition for determination of factual innocence; and (2) the district court's denial was not premature in light of the district court's refusal to grant Appellant an evidentiary hearing.
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