Timothy B. Sharp v. State of Mississippi

MAXWELL, J.,

for the Court:

¶ 1. Timothy Sharp was granted an evi-dentiary hearing on his successive post-conviction relief (PCR) motion because his sexual battery and fondling victim filed an affidavit recanting her trial testimony. But after reviewing the affidavits and hearing from the victim, the judge found the victim’s affidavit and PCR hearing testimony were not credible. So the judge denied Sharp’s request for a new trial. After review, we cannot say the judge’s determination was clearly erroneous. We thus affirm.

Procedural History

¶2. In 2001, Sharp was convicted of one count of sexual…