Cherry v. State

w .H. “Dub” Arnold, Chief Justice.

Appellant Raphel Jerome Cherry was previously before us in State v. Cherry, 341 Ark. 924, 20 S.W.3d 354 (2000), wherein the State appealed the trial court’s order denying the State’s motion for reconsideration and granting Cherry’s motion for a new trial, after the jury returned a guilty verdict and a sentence of life imprisonment for Cherry, based on juror misconduct. On appeal, we held the trial court did not abuse its discretion in granting Cherry’s motion for new trial because Cherry was deprived of a fair trial where prejudice stemmed from the fact that…