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PEARSON v. NORRIS

No. 95-4033.

94 F.3d 406 (1996)

Marvin Gene PEARSON, Appellee, v. Larry NORRIS, Director, Arkansas Department of Correction, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1996.

Rehearing and Suggestion for Rehearing Denied September 6, 1996.

Attorney(s) appearing for the Case

Kelly K. Hill, Asst. Atty. Gen., Little Rock, AR, argued (Olan W. Reeves, Asst. Atty. Gen., on the brief), for appellant.

Dewell Franklin Arey, III, Conway, AR, argued, for appellee.

Before WOLLMAN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied September 6, 1996.*

MORRIS SHEPPARD ARNOLD, Circuit Judge.

In 1990, a state court jury convicted Marvin Gene Pearson of kidnapping, burglary, and terroristic threatening. At that time, Arkansas law provided two avenues for challenging a conviction — (1) within 30 days of sentencing, a pre-appeal petition to the trial court for a new trial on the ground of ineffective...

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