Elliott v. State

Keith Barnard Elliott was convicted of unlawful distribution of a controlled substance. His conviction was affirmed by this court.

Elliott's Rule 32 petition was denied by the circuit court of Franklin County.

Elliott alleges that the trial court erred by denying his petition on the ground of newly discovered evidence. Elliott further alleges that he was denied effective assistance of counsel.

Issue I

Newly Discovered Evidence

The newly discovered evidence consists of Jennifer Bryant's testimony about an entry in her diary that showed that Elliott stayed with her until 10:00 p.m. on the day that…