Cherry v. State

Under this court’s decision in Fox v. State, 309 Ark. 619, 832 S.W.2d 244 (1992) (per curiam), Cherry’s petition for Rule 37 relief was filed in 1995 and was untimely. It was filed more than six years after his conviction in 1989. It was filed more than three years after our decision in Fox v. State was handed down. True, a petition for habeas corpus relief was pending, but Cherry’s lack of diligence in pursuing any post-conviction remedy in state court is patent and obvious.

The Eighth Circuit Court of Appeals in Easter v. Endell, 37 F.3d 1343 (8th Cir. 1994), held that the post-conviction…