BARNES, Judge.
Willie Clarence Mays was tried in 1984 and convicted of kidnapping, theft by taking, armed robbery and escape. Although Mays filed a timely motion for new trial, for reasons apparently caused by his original defense counsel, the motion was never heard and was dismissed upon the prosecution's motion. Thirteen years later, the court considering Mays' habeas corpus petition determined in 1997 that Mays was denied his right
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