Gardner v. State

Summary

The court dismissed Gardner’s appeal from the denial of his petition to correct an allegedly illegal capital-murder sentence because the record showed that he could not prevail. It held that aggravated robbery could support capital murder and that the later statutory amendment adding aggravated robbery to the enumerated felonies did not invalidate his sentence or constitute an impermissible retroactive application. The court also concluded that Gardner’s additional postconviction claims were untimely. His motions for additional briefing time and production of documents were therefore moot.