Anderson v. State

2015 Ark. 18, 454 S.W.3d 212, 2015 Ark. LEXIS 28
CourtSupreme Court of Arkansas
DecidedJanuary 22, 2015
DocketCR-13-35
StatusPublished
Cited by24 cases

This text of 2015 Ark. 18 (Anderson v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. State, 2015 Ark. 18, 454 S.W.3d 212, 2015 Ark. LEXIS 28 (Ark. 2015).

Opinion

PER CURIAM

| Appellant Ricky Ray Anderson appeals the denial of his petition for postconviction relief under Arkansas Rule of Criminal Procedure 37.1 (2014) that challenged a judgment reflecting his conviction for capital murder and sentence of life imprisonment without the possibility of parole. We affirm the order denying postconviction relief.

In 2010, a jury found appellant guilty of murdering Jill Ulmer, his former girlfriend. This court affirmed the judgment. Anderson v. State, 2011 Ark. 461, 385 S.W.3d 214. Appellant then filed in the trial court a timely, verified petition under Rule 37.1. The trial court held a hearing on the petition, and it entered an order with findings of facts and conclusions of law that denied and dismissed the petition. Appellant lodged this appeal and alleges that the trial court erred in denying his motion for appointment of counsel, failed to provide an adequate order, and failed to find that counsel was ineffective, as well as a number of additional bases.

Appellant’s briefs are difficult to follow. He attempts to raise numerous claims not raised |2below and not addressed by the circuit court, and he expands the arguments for those claims he did raise. 1 Claims not raised below are not preserved for appellate review. Pollard v. State, 2014 Ark. 226, 2014 WL 2019296 (per curiam). An appellant is limited to the scope and nature of his arguments made below, and we consider only those arguments that were considered by the trial court in rendering its ruling. See Stewart v. State, 2014 Ark. 419, 443 S.W.3d 538 (per curiam).

Appellant claims that it was error for the trial court not to appoint counsel to represent him for the Rule 37.1 proceedings, which he asserts was required under the United States Supreme Court’s holdings in Martinez v. Ryan, — U.S. -, 132 S.Ct. 1309, 182 L.Ed.2d 272 (2012) and Trevino v. Thaler, — U.S. -, 133 S.Ct. 1911, 185 L.Ed.2d 1044 (2013). This argument was not preserved at the trial court. The court acknowledged that appellant had sought counsel through a motion and that it had not appointed counsel, but the court did not provide a clear ruling on the request nor did appellant clearly object.

Appellant next contends that the trial court was required to provide a ruling on all claims raised in the proceedings and that the order was therefore insufficient under our procedural rules. It is true that Arkansas Rule of Criminal Procedure 37.3(a) provides that the trial court must provide written findings specifying the parts of the files or records relied on in support of its findings before dismissing a Rule 37.1 petition summarily. In cases where this court cannot determine from the record that the petition is wholly without merit or where the allegations in the petition are such that it is conclusive on the face of the petition that no. relief is warranted, |sthe failure to provide written findings on a claim may be reversible error. Guevara v. State, 2014 Ark. 200. Here, the trial court did not dismiss the petition summarily under Rule 37.3(a), and it conducted an evidentiary hearing. The court was required to determine the issues and make written findings of fact and conclusions of law with respect to those issues. Ark. R.Crim. P. 87.3(c). However, it is the obligation of an appellant to obtain a ruling from the trial court in order to preserve an issue for appellate review under those circumstances. State v. Rainer, 2014 Ark. 306, 440 S.W.3d 315. Thus, because there was a hearing on the petition, if the trial court’s order did omit issues, there was no error in the adequacy of the order that warrants reversal.

Because appellant failed to request an order supplementing the trial court’s rulings or obtain a ruling on the omitted issues, our review is limited to the issues that were raised below, which appellant raises on appeal, and for which the trial court provided a ruling. This court does not reverse the grant or denial of postconviction relief unless the trial court’s findings are clearly erroneous. Id. A finding is clearly erroneous when, although there is evidence to support it, the appellate court, after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed. Id.

The relevant issues are claims of ineffective assistance of counsel. On review of claims of ineffective assistance of trial counsel, this court follows the standard set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) and, under that two-prong analysis, to prevail on a claim of ineffective assistance of counsel, the petitioner must show that (1) counsel’s performance was deficient and (2) the deficient performance prejudiced his defense. Wertz v. State, 2014 Ark. 240, 434 S.W.3d 895. To satisfy the first prong of the Strickland test, a postconviction petitioner must show that counsel made errors so serious that counsel was not functioning as the “counsel” guaranteed the petitioner by the Sixth Amendment to the United States Constitution. Walton v. State, 2013 Ark. 254 (per curiam).

Judicial review of counsel’s performance must be highly deferential, and a fair assessment of counsel’s performance under Strickland requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel’s conduct, and to evaluate the conduct from counsel’s perspective at the time. Carter v. State, 2010 Ark. 231, 364 S.W.3d 46 (per curiam). There is a strong presumption that trial counsel’s conduct falls within the wide range of reasonable professional assistance, and an appellant has the burden of overcoming this presumption by identifying specific acts or omissions of trial counsel, which, when viewed from counsel’s perspective at the time of the trial, could not have been the result of reasonable professional judgment. Id.

This court has held that, in order to meet the second prong of the test, a claimant must show that there is a reasonable probability that the fact-finder’s decision would have been different absent counsel’s errors. Delamar v. State, 2011 Ark. 87, 2011 WL 693579 (per curiam). A reasonable probability is a probability sufficient to undermine confidence in the outcome of the trial. Id. The language, “the outcome of the trial,” refers not only to the finding of guilt or innocence, but also to possible prejudice in the sentencing. Howard v. State, 367 Ark. 18, 238 S.W.3d 24 (2006).

Unless a petitioner under Rule 37 makes both required showings under the Strickland analysis, it cannot be said that the conviction resulted from a breakdown in the adversarial process that renders the result unreliable. Jordan v. State, 2013 Ark. 469, 2013 WL 6046053 (per curiam). There is ^therefore no reason for a court deciding an ineffective-assistance claim to address both components of the inquiry if the petitioner fails to make a sufficient showing on one. See id.-, see also Davis v. State, 2014 Ark. 17, 2014 WL 186011 (per curiam).

Applying this standard, under the circumstances here, appellant could not prevail on a claim of ineffective assistance that alleged prejudice concerning the sentencing phase of his trial.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Jeffery Ford v. State of Arkansas
2021 Ark. App. 276 (Court of Appeals of Arkansas, 2021)
Michelle Lawrence v. State of Arkansas
2020 Ark. App. 554 (Court of Appeals of Arkansas, 2020)
Eric Carter v. State of Arkansas
2020 Ark. App. 290 (Court of Appeals of Arkansas, 2020)
Paul Suchey, Jr. v. State of Arkansas
2019 Ark. App. 380 (Court of Appeals of Arkansas, 2019)
Mercouri v. State
540 S.W.3d 328 (Court of Appeals of Arkansas, 2018)
Boyd v. State
2017 Ark. App. 592 (Court of Appeals of Arkansas, 2017)
Torres v. State
2017 Ark. App. 425 (Court of Appeals of Arkansas, 2017)
Doty v. State
2016 Ark. 341 (Supreme Court of Arkansas, 2016)
Van Winkle v. State
2016 Ark. 98 (Supreme Court of Arkansas, 2016)
Taylor v. State
2015 Ark. 339 (Supreme Court of Arkansas, 2015)
McLaughlin v. State
2015 Ark. 335 (Supreme Court of Arkansas, 2015)
Henson v. State
2015 Ark. 302 (Supreme Court of Arkansas, 2015)
Hooks v. State
2015 Ark. 258 (Supreme Court of Arkansas, 2015)
Stalnaker v. State
2015 Ark. 250 (Supreme Court of Arkansas, 2015)
Savage v. State
2015 Ark. 212 (Supreme Court of Arkansas, 2015)
Johnston v. State
2015 Ark. 162 (Supreme Court of Arkansas, 2015)
Leach v. State
2015 Ark. 163 (Supreme Court of Arkansas, 2015)
Bowden v. State
2015 Ark. 137 (Supreme Court of Arkansas, 2015)
Allen v. State
2015 Ark. 55 (Supreme Court of Arkansas, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
2015 Ark. 18, 454 S.W.3d 212, 2015 Ark. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-state-ark-2015.