Witherspoon v. State

¶ 1. Anthony Witherspoon was convicted of manslaughter. After Witherspoon's conviction was affirmed on direct appeal, he filed a motion under the Mississippi Uniform Post-Conviction Relief Act seeking a new trial on the ground of newly discovered evidence. The Pike County Circuit Court denied the motion. We reversed and remanded on the grounds that the lower court applied the wrong legal standard in denying Witherspoon's motion. See Witherspoon v.State, 96-KA-01370 (Miss. Ct. App. Oct. 13, 1998). On remand, the lower court applied the proper legal standard and, without holding an additional…