Supreme Court of Arkansas

Joseph M. Bienemy, Petitioner v. State of Arkansas, Respondent

September 15, 20162016 Ark. LEXIS 252

Summary

The court denied Bienemy’s application to reinvest jurisdiction for coram nobis relief and rejected his alternative request to recall the mandate. It held that the newly identified DNA contributor did not establish a Brady violation because the evidence was not shown to have been known and withheld before trial, was not material or exculpatory, and would not have prevented his accomplice-to-capital-murder conviction.