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CHERRY v. STATE

No. CR 95-885.

918 S.W.2d 125 (1996)

323 Ark. 733

Kyle Duane CHERRY, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

March 18, 1996.

Attorney(s) appearing for the Case

Larry Dean Kissee, Ash Flat, for Appellant.

David R. Raupp, Asst. Attorney General, Little Rock, for Appellee.

GLAZE, Justice.

Appellant Kyle Cherry files this appeal from a trial court decision, denying his Rule 37 post conviction petition. The trial court held Cherry's petition was untimely, citing Fox v. State, 309 Ark. 619, 832 S.W.2d 244 (1992), as controlling.

Procedurally, this case commenced with the state initiating a murder in the first degree charge against Cherry. On July 14, 1989...

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