Romano v. State

LUMPKIN, Judge,

Concurring in Results.

I concur in the Court’s decision to affirm the denial of post-conviction relief. However, it is not necessary to consider the merits of several of the issues raised by Petitioner. Propositions of error Nos. VI, VII, VIII; (the existence of a deal between the State and Greg Myers); X (Sufficiency of the evidence supporting the aggravating circumstances of “continuing threat”) and IX (sufficiency of the evidence and supporting the conviction) were raised on direct appeal and are therefore barred from further consideration by res judicata. Proposition No. V (that the State withheld exculpatory evidence of a burglary in the victim’s apartment seven weeks before the murder) is waived from further consideration as it could have been raised on direct appeal but was not.