Greenwell v. State

OPINION

BRADFORD, Judge.

Appellant-Petitioner Kerry J. Greenwell appeals from the denial of his petition for post-conviction relief (“PCR”). Greenwell contends that the post-conviction court used the wrong standard in evaluating the potential effect of new DNA testing, that a recantation by a state’s witness constitutes newly discovered evidence, and that he received ineffective assistance of appellate counsel. We affirm.

FACTS

The underlying facts of this case were found by the Indiana Supreme Court in its disposition of Greenwell’s direct appeal:

On Tuesday, August 1, 1989, the nude body of…