State v. Abernathy

Melton, Justice.

Following a November 17-21, 2008 jury trial, Samuel Mitchell Abernathy was convicted of malice murder in connection with the January 2008 stabbing death of Darrin Ramey and sentenced to life in prison. On December 19, 2008, Abernathy filed a timely motion for new trial, which he later supplemented by filing an extraordinary motion for new trial on April 1, 2010, alleging the discovery of new evidence. The trial court granted Abernathy’s motion for new trial on grounds of ineffective assistance of counsel, denied the other grounds in his motion seeking a new trial, and declined…