Cherry v. State

Summary

The court denied Cherry’s pro se petition for permission to seek a writ of error coram nobis based on the State’s alleged failure to disclose that Missouri charges used for his habitual-offender sentencing were later dismissed. The court held that Cherry failed to show that the information was available to or known by the State before trial, and independently failed to exercise due diligence because he waited nearly twenty-three years after the dismissals to seek relief.