Capps v. State

OPINION

GARRARD, Judge

STATEMENT OF THE CASE

Richard A. Capps (“Capps”) appeals the denial of his petition for post-conviction relief. We affirm.

ISSUES

Capps presents three issues for our review which we restate as:

1. Whether the prosecutor committed misconduct by withholding material exculpatory evidence.

2. Whether the trial court committed fundamental error when it read to the jury Instruction Number 13.

3. Whether Capps received the effective assistance of appellate counsel.

FACTS AND PROCEDURAL HISTORY

The relevant facts recited by this court on direct appeal follow:

Before dawn on November 17,…