Rushing v. State

THOMAS, J.,

for the Court.

¶ 1. James R. Rushing, Jr., a/k/a Devil Catcher, appeals an order of the Circuit Court of Lauderdale County denying his petition for post-conviction relief. Aggrieved, Rushing asserts the following issues on appeal:

I. WHETHER A DEFENDANT IS DENIED DUE PROCESS OF LAW AND FUNDAMENTAL FAIRNESS WHEN THE HEARING JUDGE FINDS THAT HAD THE RECANTING WITNESS TESTIFIED THERE WAS NO WAY TO KNOW WHAT SHE WOULD SAY, WHETHER TO SUPPORT HER TRIAL TESTIMONY OR RECANT IT, AND DENIES A NEW TRIAL BY FINDING THAT RECANTING DEPOSITION WAS THE RESULT OF PRESSURE, WHERE THE ULTIMATE FINDING…