Johnson v. State (Majority, with Dissenting)
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The Supreme Court denied Appellant's petition for rehearing of the Court's decision affirming the circuit court's denial of Appellant's petition for postconviction DNA testing under Act 1780, holding that Appellant's petition for rehearing failed to comport with the requirements set forth in Arkansas Supreme Court Rule 2-3(g).
On appeal from the denial of his postconviction motion, the Supreme Court affirmed the conclusion of the circuit court that the proposed scientific testing under Act 1780 could not raise a reasonable probability that Defendant did not commit the murder for which he was convicted and that the admissibility of proffered eyewitness identification testimony was procedurally barred from consideration. In his petition for rehearing, Appellant reiterated the same arguments that were considered and rejected on appeal and, for the first time, asserted a constitutional claim. The Supreme Court denied the petition for rehearing, holding that the entirety of the petition fell outside the scope of rehearing under Rule 2-3(g).
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