State v. Estrada

2013 Ark. 89, 426 S.W.3d 405, 2013 Ark. LEXIS 105, 2013 WL 753061
CourtSupreme Court of Arkansas
DecidedFebruary 28, 2013
DocketNo. CR 12-103
StatusPublished
Cited by9 cases

This text of 2013 Ark. 89 (State v. Estrada) 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
State v. Estrada, 2013 Ark. 89, 426 S.W.3d 405, 2013 Ark. LEXIS 105, 2013 WL 753061 (Ark. 2013).

Opinion

PER CURIAM.

| jA Pulaski County jury convicted appel-lee Juan Estrada of one count of rape and one count of first-degree sexual abuse, and appellee was sentenced to life imprisonment and ten years’ imprisonment, respectively. We affirmed. Estrada v. State, 2011 Ark. 3, 376 S.W.3d 395. Subsequently, appellee filed in the circuit court a timely, verified petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2011), alleging several claims of ineffective assistance of counsel.

A hearing was held on the petition, and the circuit court entered an order granting appellee a new trial based on one ground of ineffective assistance as to the rape conviction and two grounds of ineffective assistance as to the sexual-abuse conviction. It is from this order that the appellant State has filed the instant appeal. Because we determine that the circuit court’s decision was not clearly erroneous, we affirm.

As an initial matter, we reiterate that there is a significant and inherent difference between appeals brought by criminal defendants and those brought on behalf of the State; the former is a matter of right, whereas the latter is not derived from either the United States or 12Arkansas Constitution, nor is it a matter of right, but is granted pursuant to Rule 3 of the Arkansas Rules of Appellate Procedure-Criminal (2011). See State v. Threadgill, 2011 Ark. 91, 382 S.W.3d 657 (citing State v. Boyette, 362 Ark. 27, 207 S.W.3d 488 (2005)). We have held, however, that the State is entitled to appeal from a circuit court’s grant of a Rule 37.1 petition, because such postconviction proceedings under Rule 37.1 are civil in nature. State v. Robinson, 2011 Ark. 90, 2011 WL 737152. When an appeal involves neither a direct nor an interlocutory appeal following a prosecution, but is an appeal arising from a collateral proceeding, the appeal is civil in nature, and the State is not required to satisfy Rule 3.

This court will not reverse a circuit court’s decision granting postconviction relief unless it is clearly erroneous. See State v. Brown, 2009 Ark. 202, 307 S.W.3d 587. In an appeal from a grant of postconviction relief on a claim of ineffective assistance of counsel, 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 trial court clearly erred in holding that counsel’s performance was ineffective. See generally Charland v. State, 2012 Ark. 246, 2012 WL 1950251. 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. Brown, 2009 Ark. 202, 307 S.W.3d 587. The State may meet this burden by establishing either that trial counsel’s performance was not deficient or that there was not a reasonable probability that, but for the deficient performance, the outcome of the trial would have been different. See id.; see also State v. Dillard, 338 Ark. 571, 998 S.W.2d 750 (1999). With that standard in mind, we address each of the State’s points | o,on appeal in turn.

The Rape Conviction

Appellee was convicted of the rape of C.O., a minor, under Arkansas Code Annotated section 5-14-103(a)(4) (Repl.1997). In his petition for postconviction relief regarding the rape conviction, appellee argued, and the circuit court agreed, that trial counsel had been ineffective in failing to use the victim’s recorded statements to police to impeach her credibility.

At trial, then-fifteen-year-old C.O. testified that her mother and appellee’s wife were sisters, that appellee’s daughter often served as a babysitter when C.O. was younger, and that C.O. was left alone with appellee at times. She further testified that, around the time that she was four years old, appellee would often touch her “private areas,” masturbate in front of her, penetrate her vagina with his penis, and kiss her on the mouth and neck “every time [she] was alone with him.” She also testified that her family moved to Texas when she was five years old, but that, when they came back to Arkansas for Thanksgiving in 2001 when she was seven years old, appellant again had sexual intercourse with her when she was left alone with him.

Detective Julie Rose of the North Little Rock Police Department also testified at the trial. Detective Rose stated that she had interviewed C.O. multiple times during the investigation of appellee. While C.O. had made recorded statements to Det. Rose regarding the Thanksgiving 2001 allegation, trial counsel did not ask Det. Rose about these statements, and the jury was never informed that the statements existed. Notably, in the recorded statements, C.O. asserted more than once that her grandparents were asleep downstairs during [4the incident, despite the fact that C.O.’s grandmother had died in 2000.1 Transcripts of these recorded statements were in the prosecutor’s file, but they were not introduced at trial or used to impeach C.O.’s credibility.

At the Rule 37.1 hearing, trial counsel testified that she was aware that C.O.’s grandmother had died in 2000, and she did not have a tactical reason for not using the statements to impeach CO. Counsel admitted that the statements would have been good for impeachment purposes, and she testified that there was “definitely a time line problem” with C.O.’s allegations.

In its order granting postconviction relief, the circuit court determined that trial counsel’s failure to use the statements to impeach C.O.’s credibility amounted to deficient performance. Specifically, the circuit court stated, “[T]rial counsel failed to use this inconsistency to cast doubt on C.O.’s recollection of the events, and thereby impeach her credibility.” Regarding the prejudice prong of Strickland, the circuit court held that the failure to use the statements “was an error that but for its commission, there is a reasonable probability that the outcome of the proceeding would have been different on that offense.”

On appeal, the State argues that this decision was clearly erroneous because the time a crime is alleged to have occurred is not of critical significance unless the date is material to the offense, particularly in cases of sexual crimes against children. See Kelley v. State, 375 Ark. 483, 292 S.W.3d 297 (2009). Moreover, the State contends that providing for a margin of error |5in the timing given by a victim’s testimony produces no prejudice to a defendant who denies the charges as fabrications. See Fry v. State, 309 Ark. 316, 829 S.W.2d 415 (1992). Finally, the State contends that, because C.O. testified that there were several rapes over a period of years, it is unreasonable for the circuit court to conclude that inconsistency around the date of the 2001 allegation would have impeached C.O.’s credibility such that the jury would have disregarded all her testimony.

The State’s argument fails on two counts.

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Bluebook (online)
2013 Ark. 89, 426 S.W.3d 405, 2013 Ark. LEXIS 105, 2013 WL 753061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-estrada-ark-2013.