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Nelson County Circuit Court has denied two motions of appeal from Kelly Wayne Greenwell, who was sentenced in 2007 to 40 years in prison for first-degree robbery and the attempted murder of Marion Willett.
Greenwell’s case involved an incident on June 5, 2003, when he shot Willett twice in an attempt to steal her car.
Greenwell’s first motion alleged “ineffective assistance of trial counsel and post-conviction counsel for failing to present the testimony of a purported alibi witness,” according to an opinion by Circuit Court Judge Charles Simms rendered Feb. 18.
The motion requested that the court set aside or vacate Greenwell’s conviction.
The court called the witness to testify his evidence to investigate the appeal.
However, in an evidentiary hearing Aug. 6, 2009, the witness’ testimony was substantially different than what he had stated previously in an affidavit. The court ruled the evidence did not provide Greenwell with an alibi, because the witness stated he was with Greenwell on a different day than the shooting occurred.
Greenwell then filed a motion alleging his post-conviction counsel had provided ineffective assistance in failing to present the witness’ affidavit at the evidentiary hearing. At that hearing, the counsel told the judge she had forgotten to bring the affidavit.
“The trial court denied the motion, finding that the introduction of the affidavit would not have changed the outcome of the hearing,” Simms’ opinion stated.
It also denied the motion based on a previous United States Supreme Court ruling that “there is no right to effective counsel in post-conviction proceedings.”