Harley v. State

We affirm the trial court’s order denying appellant’s second and successive motion for postconviction relief. The court held that it was not based on “newly discovered” evidence and was an abuse of process.

Appellant was convicted of burglary of a dwelling while armed with a firearm and aggravated battery with a firearm. His defense was misidentification. Briefly, the evidence at trial demonstrated that on August 9, 1996, victim William Bailey (“Bailey”) was at home with his girlfriend and a friend. Bailey had been drinking. At some point during the evening, Bailey heard a knock on his door.…