Sanders v. State

2018 Ark. App. 604, 567 S.W.3d 76
CourtCourt of Appeals of Arkansas
DecidedDecember 12, 2018
DocketNo. CR-18-593
StatusPublished
Cited by1 cases

This text of 2018 Ark. App. 604 (Sanders v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanders v. State, 2018 Ark. App. 604, 567 S.W.3d 76 (Ark. Ct. App. 2018).

Opinion

RAYMOND R. ABRAMSON, Judge

In 2016, a Hot Spring County Circuit Court jury convicted appellant Darrell Sanders of two counts of rape. He was sentenced to a total of forty-two years' imprisonment in the Arkansas Department of Correction (ADC). We affirmed on his direct appeal. Sanders v. State , 2017 Ark. App. 567, 533 S.W.3d 130. Sanders subsequently filed in the circuit court a petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37 alleging that his trial counsel was ineffective for failing to move for a directed verdict on the forcible compulsion count of rape. After holding a hearing, the circuit court denied the petition. Sanders now brings this appeal, arguing that his trial counsel was ineffective for failing to move for a directed verdict.

*79When reviewing a circuit court's ruling on a Rule 37.1 petition, we will not reverse the circuit court's decision granting or denying postconviction relief unless it is clearly erroneous. Kemp v. State , 347 Ark. 52, 55, 60 S.W.3d 404, 406 (2001). 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 benchmark question to be resolved in judging a claim of ineffective assistance of counsel is whether counsel's conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result. Norris v. State , 2013 Ark. 205, 427 S.W.3d 626 (per curiam). A Rule 37 petitioner's ineffective-assistance-of-counsel claims are analyzed under the two-prong standard set forth in Strickland v. Washington , 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), which requires a petitioner to show that his counsel's representation was deficient, and he suffered prejudice as a result. "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." State v. Barrett , 371 Ark. 91, 96, 263 S.W.3d 542, 546 (2007).

Pursuant to Strickland and its two-prong standard, a petitioner raising a claim of ineffective assistance must first 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. Williams v. State , 369 Ark. 104, 251 S.W.3d 290 (2007). A petitioner making an ineffective-assistance-of-counsel claim must show that counsel's performance fell below an objective standard of reasonableness, such that counsel committed errors so serious as to not be functioning as counsel at all. Flores v. State , 350 Ark. 198, 205-06, 85 S.W.3d 896, 901 (2002). A court must indulge in a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. Springs v. State , 2012 Ark. 87, 387 S.W.3d 143. The burden is on the petitioner to overcome this presumption by identifying specific acts or omissions by counsel that could not have been the result of reasoned professional judgment. Bond v. State , 2013 Ark. 298, at 7-8, 429 S.W.3d 185, 191-92.

Second, the petitioner must show that, considering the totality of the evidence before the fact-finder, counsel's deficient performance so prejudiced petitioner's defense that he was deprived of a fair trial. Springs, supra . The 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, i.e., the decision reached would have been different absent the errors. Howard v. State , 367 Ark. 18, 238 S.W.3d 24 (2006). A reasonable probability is a probability sufficient to undermine confidence in the outcome of the trial. Id. 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. Id. Here, Sanders's ineffective-assistance-of-trial-counsel claim fails under the Strickland standard.

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Related

Jeran Kyler Sorum v. State of Arkansas
2019 Ark. App. 354 (Court of Appeals of Arkansas, 2019)

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Bluebook (online)
2018 Ark. App. 604, 567 S.W.3d 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-state-arkctapp-2018.