Fisher v. Warden

In this application for leave to appeal from the order denying post conviction relief from his imprisonment for larceny, the applicant contends (i) that he is innocent; (ii) that he did not testify in his own behalf because his court-appointed counsel directed him not to do so; (iii) that he was convicted on the perjured testimony of the complaining witness; and (iv) in the alternative, the applicant seeks the grant of a lesser sentence or probation.

As to the claim of innocence, involving as it does the sufficiency of the evidence, the statute specifically provides that the post conviction…