Andrews v. State

Defendant moved for post-conviction relief based on newly discovered evidence in the form of an affidavit of a participant in the robbery for which defendant was convicted. Although the affidavit does satisfy the first requirement for newly discovered evidence, that it could not have been known by the use of diligence at the time of the trial, the trial court summarily denied the motion on the ground that it was inherently incredible. We affirm.

Defendant was charged, along with co-defendants Smith and Jackson, with robbery with a firearm, and found guilty. Jackson, who signed the affidavit in…