Ratchford v. State

159 S.W.3d 304, 357 Ark. 27, 2004 Ark. LEXIS 226
CourtSupreme Court of Arkansas
DecidedApril 15, 2004
DocketCR 03-905
StatusPublished
Cited by17 cases

This text of 159 S.W.3d 304 (Ratchford 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
Ratchford v. State, 159 S.W.3d 304, 357 Ark. 27, 2004 Ark. LEXIS 226 (Ark. 2004).

Opinion

Jim Hannah, Justice.

Appellant Jeffrey Scott Ratchford was convicted of two counts of sexual abuse and one count of rape by a Benton County jury. Ratchford was sentenced to two ten-year terms and a term of life imprisonment, to be served concurrently. Ratchford’s sole point on appeal is that he received ineffective assistance of counsel at trial. Ratchford acknowledges that in order to raise a claim of ineffective assistance of counsel on direct appeal, a defendant must first raise the claim in the lower court either during the trial or in a motion for new trial, and Ratchford admits that he did not raise the issue of ineffective assistance of counsel in the lower court. However, Ratchford urges this court to create a “narrow” exception to the rule. Specifically, Ratchford proposes the following exception to the rule:

The appellate court will address claims ofineffective assistance first raised on direct appeal where it is apparent from the face of the record (1) Appellant received ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), and (2) there is no possibility that the ineffectiveness was due to trial strategy.
* * *

Ratchford contends that an exception is warranted in cases such as his because postponing relief until a Rule 37 petition is filed would mean that he will spend time in prison for a conviction that is defective and should be reversed, remanded, and retried. Further, he contends that an exception is warranted because the legal standards he must overcome in postconviction proceedings are less favorable to him than the legal standards he must overcome on direct appeal. Ratchford also argues that in his case, the “trial-strategy doctrine” does not apply because there is no way thát trial counsel’s “across-the-board inaction” could be part of a “rational trial strategy.” Finally, Ratchford contends that an exception is warranted because “[u]nder the current preservation requirement, the situation for a criminal defendant such as Appellant is that he receives ineffective assistance of counsel at trial, appellate counsel is barred from raising the claim, and there is no right to counsel in Rule 37 proceedings.”

We decline to create an exception to our rule that we will not consider ineffective assistance as a point of appeal unless that issue has been considered by the trial court. Our jurisdiction is pursuant to Ark. Sup. Ct. R. l-2(a)(2) (2003).

Ineffective Assistance of Counsel

Though he did not raise the claim in the trial court, on appeal, Ratchford argues that trial counsel was ineffective on the face of the record. It is well settled that this court will not consider ineffective assistance as a point on direct appeal unless that issue has been considered by the trial court. Anderson v. State, 353 Ark. 384, 108 S.W.3d 592 (2003); Willis v. State, 334 Ark. 412, 977 S.W.2d 890 (1998); Slocum v. State, 325 Ark. 38, 924 S.W.2d 237 (1996); Edwards v. State, 321 Ark. 610, 906 S.W.2d 310 (1995); Sumlin v. State, 319 Ark. 312, 891 S.W.2d 375 (1995); Missildine v. State, 314 Ark. 500, 863 S.W.2d 813 (1993). Additionally, the facts surrounding the claim must be fully developed, either during the trial or during hearings conducted by the trial court. Willis, supra; Dodson v. State, 326 Ark. 637, 934 S.W.2d 198 (1996). The reason for this rule is that an evidentiary hearing and finding as to the competency of appellant’s counsel by the trial court better equips the appellate court on review to examine in detail the sufficiency of the representation. Willis, supra; Reed v. State, 323 Ark. 28, 912 S.W.2d 929 (1996). The trial court is in a better position to assess the quality of legal representation than we are on appeal. Dodson, supra.

Ratchford concedes that he did not raise his ineffective assistance of counsel claim in the trial court; however, he contends that his case warrants an exception to this court’s preservation requirement. Ratchford first argues that an exception is warranted in his case because postponing relief until a Rule 37 petition is filed would unduly prolong his time in prison for a conviction that is defective. The State contends that even assuming that this is a valid reason for adopting Ratchford’s proposed exception, in his case, “any delay in obtaining relief is due to [Ratchford’s] decision to pursue an unlikely exception to a well-settled rule rather than proceed directly under Rule 37.” The State also points out that, since Ratchford’s only claim on appeal is ineffective assistance of counsel, “he need not have pursued a direct appeal, but could have gone directly to proceedings under Rule 37, and, conceivably, have obtained a ruling on fully developed claims by the time the Court decides this appeal.” We agree. Rule 37.2(c) of the Arkansas Rules of Criminal Procedure provides, in part:

If ... the petitioner was found guilty at trial and did not appeal the judgment of conviction, a petition claiming relief under this rule must be filed in the appropriate circuit court within ninety (90) days of the date of entry of judgment.

Ark. R. Crim. P. 37.2(c) (2003).

Any prolonged incarceration is due to Ratchford’s failure to follow the rules, not this court’s refusal to address ineffective assistance claims on direct appeal if the claims have not been considered by the trial court. Ratchford has failed to demonstrate that this court’s requirement that an ineffective assistance claim must first be considered by the trial court unduly prolongs his time in prison for a conviction that is defective. As such, no exception to our rule is warranted on this basis.

Next, Ratchford argues:

The second reason [why an exception is warranted] was provided by the Strickland Court itself: “[T]he presumption that a criminal judgment is final is at its strongest in collateral attacks on that judgment,” Strickland, 466 U.S. at 697. [See also] United States v. Frady, 456 U.S. 152, 162-169 (1982); Engle v. Isaac, 456 U.S. 107, 126-129 (1982)), and the Appellant will have to overcome less favorable legal standards in postconviction proceedings.

The State contends that a claim of ineffective assistance of counsel is a collateral attack on a judgment because it alleges an unfair trial due to errors of counsel, rather than the trial court.

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

Related

Kerrie Louise Davis v. State of Arkansas
2019 Ark. App. 502 (Court of Appeals of Arkansas, 2019)
Taffner v. Arkansas Department of Human Services
2016 Ark. 231 (Supreme Court of Arkansas, 2016)
Kirkland v. State
2016 Ark. App. 20 (Court of Appeals of Arkansas, 2016)
Gordon v. State
2015 Ark. 344 (Supreme Court of Arkansas, 2015)
Ratchford v. State
2015 Ark. 309 (Supreme Court of Arkansas, 2015)
Flemons v. State
2014 Ark. App. 131 (Court of Appeals of Arkansas, 2014)
Sorrell v. State
2014 Ark. App. 6 (Court of Appeals of Arkansas, 2014)
Andrew Sasser v. Ray Hobbs
735 F.3d 833 (Eighth Circuit, 2013)
Hogue v. State
2013 Ark. App. 638 (Court of Appeals of Arkansas, 2013)
Vanoven v. State
380 S.W.3d 507 (Court of Appeals of Arkansas, 2011)
Rounsaville v. State
288 S.W.3d 213 (Supreme Court of Arkansas, 2008)
Rackley v. State
267 S.W.3d 578 (Supreme Court of Arkansas, 2007)
Taylor v. State
223 S.W.3d 80 (Court of Appeals of Arkansas, 2006)
Jones v. Arkansas Department of Human Services
205 S.W.3d 778 (Supreme Court of Arkansas, 2005)
Maxwell v. State
197 S.W.3d 442 (Supreme Court of Arkansas, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
159 S.W.3d 304, 357 Ark. 27, 2004 Ark. LEXIS 226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ratchford-v-state-ark-2004.