Kirby v. State

TAYLOR, Judge.

The appellant, Junior Mack Kirby, appeals the denial of his petition for post-conviction relief filed pursuant to Rule 32, Ala. R.Crim.P. In 1977 the appellant was convicted of arson in the first degree. In 1978 the appellant attacked his conviction by filing a petition for a writ of error coram nobis. This petition was denied, and in 1979 this court affirmed the denial of the petition without opinion.

The current Rule 32 petition was filed in November 1993. The appellant contends in this petition that he is entitled to a new trial because newly discovered evidence exists.…