In his filing, James Rushing claimed that a woman recanted her testimony that he raped her. He was convicted of aggravated assault and rape in 1997.
At a court-ordered hearing in Lauderdale County in 2002, rushing submitted affidavits by the victim in which she allegedly recanted.
Prosecutors countered with another affidavit by the victim stating her recanted testimony was coerced.
Justices place the burden of producing the witness on the defense. The woman did not testify in that hearing.