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BERRY v. STATE

No. C0-84-1058.

364 N.W.2d 795 (1985)

Kling Emmett BERRY, Petitioner-Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

March 22, 1985.

Attorney(s) appearing for the Case

Jack S. Nordby, Minneapolis, for petitioner-appellant.

Hubert H. Humphrey, III, Atty. Gen., St. Paul, Thomas Johnson, Henn. Co. Atty., Beverly J. Wolfe, Asst. Co. Atty., Minneapolis, for respondent.

Heard, considered, and decided by the court en banc.

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...

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