Harvell v. State

PATTERSON, Presiding Judge.

Roy Avon Harvell appeals from the lower court’s denial of his A.R.Cr.P. 32 petition, wherein he contested the validity of his 1989 conviction for murder and resulting sentence of life imprisonment without parole. The lower court denied Harvell’s petition without an evidentiary hearing, finding that “matters in petition properly raised on direct appeal.” Harvell filed a “Petition for Rehearing,” wherein he raised the additional issue that the trial court’s jury instruction violated Cage v. Louisiana, — U.S. —, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990). The lower court…