Cherry v. State (Per Curiam)
Annotate this CaseAfter a jury trial in 1989, Petitioner was found guilty of first-degree murder and sentenced as a habitual offender to life imprisonment. This appeal concerned the denial of Petitioner’s pro se petition to reinvest jurisdiction in the circuit court to consider a petition for writ of error coram nobis. In his petition, Petitioner argued that the State withheld evidence during the trial proceedings in violation of Brady v. Maryland. Specifically, Petitioner argued that the State failed to disclose that criminal charges filed in Missouri, which were presented in support of Petitioner’s enhanced sentence as a habitual offender, were dismissed by the Missouri trial court while Petitioner’s appeal in the instant case was pending. The Supreme Court denied the petition, holding that, where twenty-three years had passed after the dismissal of the Missouri charges before Petitioner petitioned for relief, Petitioner’s failure to act with due diligence constituted good cause to deny the petition.
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