WOODS v. STATE

No. 2012-CP-00379-COA.

141 So.3d 14 (2014)

Arthur WOODS, Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

Rehearing Denied June 24, 2014.


Attorney(s) appearing for the Case

Arthur Woods, appellant, pro se.

Office of the Attorney General by Stephanie Breland Wood , attorney for appellee.

Before IRVING, P.J., CARLTON and MAXWELL, JJ.


MAXWELL, J., for the Court:

¶ 1. "The fact that a witness changes his testimony after the trial does not necessarily entitle the [post-conviction-relief (PCR)] petitioner to a new trial."1 It does, however, entitle him to an evidentiary hearing. After this hearing, if the trial judge "is not satisfied that such [changed] testimony is true," then it is his "right and duty ... to deny a new trial."2

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