Henington v. State

2012 Ark. 181, 403 S.W.3d 55, 2012 WL 1436597, 2012 Ark. LEXIS 205
CourtSupreme Court of Arkansas
DecidedApril 26, 2012
DocketNo. CR 11-523
StatusPublished
Cited by126 cases

This text of 2012 Ark. 181 (Henington 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
Henington v. State, 2012 Ark. 181, 403 S.W.3d 55, 2012 WL 1436597, 2012 Ark. LEXIS 205 (Ark. 2012).

Opinions

COURTNEY HUDSON GOODSON, Justice.

| Appellant Danny Ray Henington appeals an order of the Benton County Circuit Court denying his petition for postcon-viction relief pursuant to Rule 37 of the Arkansas Rules of Criminal Procedure (2011). For reversal, appellant argues that the circuit court erred in failing to conduct an evidentiary hearing and that the circuit court’s written findings constituted reversible error. We have jurisdiction pursuant to Rule 37 and Arkansas Supreme Court Rule 1 — 2(a)(8) (2011). We affirm.

In May 2009, appellant stood trial before a Benton County jury. K.J., appellant’s six-year-old stepgranddaughter, testified that appellant reached under her clothes and touched her private area. The State introduced the victim’s video-recorded interview with Karis Chastain of the Arkansas State Police Crimes Against Children Division. Chastain interviewed K.J., who described appellant “humping” her and digitally penetrating her vagina. Both appellant and his wife testified during the defense stage. Following a two-day jury trial, the jury |2convicted appellant of felony rape and sentenced him to thirty-six years’ imprisonment in the Arkansas Department of Correction. The court of appeals affirmed his conviction and sentence in Henington v. State, 2010 Ark. App. 619, 378 S.W.3d 196.

Appellant timely filed a Rule 37 petition. In his petition, appellant alleged that his trial counsel, Bruce J. Bennett, failed to file a rape-shield motion and a request for an in camera hearing, pursuant to Arkansas’s rape-shield statute, found at Arkansas Code Annotated section 16-42-101 (Repl.1999), and failed to investigate potential alternate sources of the victim’s sexual knowledge. According to appellant, a hearing on a rape-shield motion would have revealed prior sexual conduct between the victim, K.J., and her brother, J.J.; an explanation for what Natalie Jones, the victim’s mother, described as K.J.’s “raw” genital area; a motive for K.J. and J.J. “fabricating the story about [appellant] raping K.J. and ... a reasonable explanation for” K.J.’s raw genitalia; and explanations from J.J. and a neighborhood boy about K.J.’s prior sexual knowledge. The record demonstrates that appellant requested a hearing on his petition for postconviction relief.

The State responded that appellant failed to demonstrate how this evidence would have been admissible at trial, even if he had overcome the burden of proving it admissible under our rape-shield statutory provisions. The State contended that appellant did not show prejudice in counsel’s failure to request a rape-shield hearing. Further, the State asserted that appellant’s allegations in his Rule 37 petition were merely conclusory statements, and as a result, no hearing was required when appellant’s allegations had no merit.

Without a hearing, the circuit court denied appellant’s request for postconviction relief. |3On January 28, 2011, the circuit court entered its order, ruling that appellant’s petition contained conclusory allegations and was without merit. From this order, appellant timely brings his appeal.

On appeal, appellant argues that the circuit court erred in denying relief on his petition without holding an evidentiary hearing and in failing to make specific written findings. This court has held that it will reverse the circuit court’s decision granting or denying postconviction relief only when that decision is clearly erroneous. See Williams v. State, 369 Ark. 104, 251 S.W.3d 290 (2007); Howard v. State, 367 Ark. 18, 238 S.W.3d 24 (2006). This court has stated that “[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.” Williams, 369 Ark. at 107, 251 S.W.3d at 292 (quoting Howard, 367 Ark. at 26, 238 S.W.3d at 31).

When considering an appeal from a circuit court’s denial of a Rule 37 petition, the sole question presented is whether, based on a totality of the evidence under the standard set forth by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the circuit court clearly erred in holding that counsel’s performance was not ineffective. Anderson v. State, 2011 Ark. 488, 385 S.W.3d 783; Sparkman v. State, 373 Ark. 45, 281 S.W.3d 277 (2008). In making a determination of ineffective assistance of counsel, the totality of the evidence must be considered. Howard, supra. The benchmark for judging a claim of ineffective assistance of counsel must be “whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having |4produced a just result.” Strickland, 466 U.S. at 686, 104 S.Ct. 2052.

Pursuant to Strickland, we assess the effectiveness of counsel under a two-prong analysis. First, a claimant must show that counsel’s performance was deficient. Britt v. State, 2009 Ark. 569, 349 S.W.3d 290. Counsel is presumed effective, and allegations without factual substantiation are insufficient to overcome that presumption. Nelson v. State, 344 Ark. 407, 39 S.W.3d 791 (2001) (per curiam). A petitioner, in claiming deficiency, must show that “counsel’s representation fell below an objective standard of reasonableness.” Strickland, 466 U.S. at 688, 104 S.Ct. 2052. Petitioner has the burden of overcoming the presumption by identifying specific acts and omissions that, when viewed from counsel’s perspective at the time of trial, could not have been the result of reasonable professional judgment. Wainwright v. State, 807 Ark. 569, 823 S.W.2d 449 (1992). A court must indulge in a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance. Williams, supra.

Second, a claimant must also show that this deficient performance prejudiced his defense so as to deprive him of a fair trial. Britt, supra. Petitioner must show that, even if counsel’s conduct is shown to be professionally unreasonable, the judgment will stand unless petitioner can demonstrate that counsel’s error had an actual prejudicial effect on the outcome of the proceeding. Strickland, 466 U.S. at 691, 104 S.Ct. 2052. Petitioner must show there is a reasonable probability that, but for counsel’s errors, the fact-finder would have had a reasonable doubt respecting guilt, or in other words, that the decision reached would have been different absent the errors. Howard, supra. 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 | anot only to the finding of guilt or innocence, but also to possible prejudice in sentencing. Howard, 367 Ark. at 32, 238 S.W.3d at 36. Unless a petitioner makes both showings, it cannot be said that the conviction resulted from a breakdown in the adversarial process that renders the result unreliable. Howard, supra. “[T]here is no reason for a court deciding an ineffective assistance claim ...

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Cite This Page — Counsel Stack

Bluebook (online)
2012 Ark. 181, 403 S.W.3d 55, 2012 WL 1436597, 2012 Ark. LEXIS 205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henington-v-state-ark-2012.