State v. Kelly

OPINION

EUBANK, Presiding Judge.

Respondent, Christopher E. Kelly, was convicted of one count of assault with a deadly weapon, and was sentenced on January 28, 1976, to an eight to twelve year term in prison. On May 11, 1976, respondent filed a petition for post-conviction relief alleging, among other things, the existence of newly discovered material evidence, and the failure of the prosecutor to disclose this evidence prior to trial. This newly discovered evidence was a witness, Dr. Kenneth Carpenter, who had treated the victim, Conrad Wagner, on the night of the assault. Following a response…