Penn v. State

Summary

The court denied Penn's motion to require the clerk to lodge the record or, alternatively, to permit a belated appeal. It concluded that the proposed AFIS testing did not satisfy the statutory requirements for new or substantially more probative testing, would not produce material evidence supporting actual innocence, and was untimely. The court also held that the trial court properly denied relief without an evidentiary hearing because the petition and record conclusively showed that Penn could not prevail.