GREENWELL v. STATE

No. 82A04-0709-PC-524.

884 N.E.2d 319 (2008)

Kerry J. GREENWELL, Appellant-Petitioner, v. STATE of Indiana, Appellee-Respondent.

Court of Appeals of Indiana.

April 14, 2008.


Attorney(s) appearing for the Case

Susan K. Carpenter, Public Defender of Indiana, C. Brent Martin, Deputy Public Defender, Indianapolis, IN, Attorneys for Appellant.

Steve Carter, Attorney General of Indiana, Scott L. Barnhart, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.


OPINION

BRADFORD, Judge.

Appellant-Petitioner Kerry J. Greenwell appeals from the denial of his petition for post-conviction relief ("PCR"). Greenwell contends that the post-conviction court used the wrong standard in evaluating the potential effect of new DNA testing, that a recantation by a state's witness constitutes newly discovered evidence, and that he received ineffective assistance of appellate counsel. We affirm.

FACTS

The underlying...

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