Roby v. State
Annotate this CaseAppellant Gary Roby was convicted of aiding and abetting the crimes of first-degree premeditated murder, first-degree murder while committing aggravated robbery, and second-degree intentional murder. The Supreme Court affirmed Roby's conviction on appeal. Roby subsequently filed this, his third petition for postconviction relief, arguing that newly discovered evidence should be considered in the interests of justice. The postconviction court denied Roby's petition without an evidentiary hearing, holding (1) Roby's claims that were based on a 1989 police report and a 2002 letter were time-barred, and (2) Roby's remaining claims failed on the merits. The Supreme Court affirmed, holding (1) all of Roby's claims were time-barred under the postconviction statute, and (2) Roby was not entitled to relief through application of the doctrine of equitable tolling.
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