THOMPSON, Justice.
Aaron Keith Penn was granted a writ of habeas corpus for the stated purpose of avoiding a miscarriage of justice. The Warden appeals, and we reverse.
Penn was convicted of malice murder in the 1988 shooting death of Michael Atkins, after a jury rejected his defense of justification. A motion for new trial was filed and amended to request a new trial based on newly discovered evidence. That evidence consisted of the affidavit of Horace Ragland...
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