McCLENDON v. STATE

No. 57878.

539 So.2d 1375 (1989)

Sylvester McCLENDON v. STATE of Mississippi.

Supreme Court of Mississippi.

February 22, 1989.


Attorney(s) appearing for the Case

James J. Fougerousse, Jackson, for appellant.

Mike Moore, Atty. Gen. by Harrison S. Ford, Sp. Asst. Atty. Gen., Jackson, for appellee.

Before HAWKINS, P.J., and ROBERTSON and SULLIVAN, JJ.


ROBERTSON, Justice, for the Court:

I.

This is an appeal from Circuit Court denial of a convicted felon's application for post-conviction relief. The grounds asserted by petitioner are newly discovered evidence and, more specifically, the confession of another to the crime for which petitioner has been convicted. Because the Circuit Court applied to petitioner the requirement that he prove his claim by clear and convincing evidence, when in fact our law supports...

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