Berry v. State

AMDAHL, Chief Justice.

Appellant Kling Berry appeals from the order of the Hennepin County District Court denying his petition for postconviction relief. The petition was based upon a claim of newly-discovered evidence. After a 2-day postconviction hearing, the trial court denied appellant’s request for a new trial. We affirm.

Following a 3-day trial, appellant was convicted by a jury of murder in the first degree, Minn.Stat. § 609.185, subd. 2, on October 27, 1978. The trial court denied appellant’s initial petition for postconviction relief, and appellant appealed both his conviction and the…