B. That the Court erred in failing to grant the motion for directed verdict and motion for JNOV. On September 7, 2004, the Mississippi Court of Appeals affirmed the petitioner's conviction and sentence. McManis v. State, 901 So. 2d 648 (Miss.App. 2004), reh'g denied, November 23, 2004, cert. denied, May 12, 2005 (Cause No. 2003-KA-00836-COA). The correspondence folder of the state court record in Cause No. 2003-KA-00836 contains a pro se "Motion for Briefing" filed October 11, 2004, which was denied by Order of the court on October 13, 2004, based on a finding that the matter was pending on rehearing before the court.