Wood v. State

2015 Ark. 477, 478 S.W.3d 194, 2015 Ark. LEXIS 675
CourtSupreme Court of Arkansas
DecidedDecember 17, 2015
DocketCR-14-286
StatusPublished
Cited by24 cases

This text of 2015 Ark. 477 (Wood 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
Wood v. State, 2015 Ark. 477, 478 S.W.3d 194, 2015 Ark. LEXIS 675 (Ark. 2015).

Opinions

KAREN R. BAKER, Associate Justice

| Appellant, Howard Wood, entered a guilty plea to one count of sexual assault in the first degree and was sentenced to thirty years imprisonment. On October 7, 2013, pursuant to Rule 37.1 .of the Arkansas Rules of Criminal Procedure (2013), Wood filed a petition for postconviction relief. On January 10, 2014, without holding a hearing, the circuit court denied Wood’s petition.

From the circuit court’s January 10, 2014 order denying his Rule 37.1 petition, Wood appeals.1 In his appeal, Wood contends that the circuit court erred in denying his petition |2because: (1) defense counsel was ineffective on seven separate grounds;2 and (2) the circuit court erred in failing to hold an evidentiary hearing.

Standard of Review

Our standard of review in Rule 37.1 petitions is that, , “on appeal from a circuit court’s ruling on a petitioner’s request for Rule 37 relief, this court will not reverse the circuit court’s decision granting or denying post-conviction relief unless it is clearly erroneous. 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 |sbeen committed. [Prater v. State ] Id., 402 S.W.3d [68] at 74 [ (Ark.2012) ],” Mason v. State, 2013 Ark. 492, at 1-2, 430 S.W.3d 759 (citations omitted).

When considering an appeal from a circuit court's denial of a Rule 37 petition, the question presented is whether, 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 783i The rule for evaluating ineffective-assistance-of-counsel claims in cases involving guilty pleas appears in Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). In that case, the Supreme Court held that the “cause and prejudice” test of Strickland, 466 U.S. 668, 104 S.Ct. 2052, applied to challenges to guilty pleas based on ineffective assistance of counsel. The Court further held that in order to show prejudice in the context of a guilty plea, the petitioner must show that there is a reasonable probability that, but for counsel’s errors, he would riot have pleaded guilty and would have insisted on going to trial. Hill v. Lockhart, 474 U.S. at 59,106 S.Ct. 366. An appellant who has entered a guilty plea normally will, have considerable difficulty in proving,any.prejudice, as the plea rests upon an admission in open court that the appellant did. the act charged. Jamett v. State, 2010 Ark. 28, 358 S.W.3d 874. Further, a petitioner under Rule 87.1 .must allege some direct correlation between counsel’s deficient behavior and the decision to enter the plea. Scott v. State, 2012 Ark. 199, 8-9, 406. S.W.3d 1, 5-6 (2012).

Additionally, where'a Rule 37 petition is denied without á hearing pursuant to Rule 37.3(a), we review the circuit court’s written findings setting forth that the petition is wholly without merit or that it is conclusive on the face of the record that the petitioner is entitled Uto no relief for clear error. See Henington v. State, 2012 Ark. 181, at 9, 403 S.W.3d 55, 62.

I. Ineffective Assistance of Counsel

With these standards in mind, we now turn to the issues raised by Wood. Wood asserts that the circuit cpurt erred with regard to seven separate grounds of relief on his ineffective-assistance-of-counsel argument.

A. Statutory/Charging Error

First, Wood asserts that the circuit court erred in denying Wood’s Rule 37.1 petition because defense counsel was ineffective when she did not object to the charging information on the ground that Wood was charged with violating a statute, Ark.Code Ann. § 5-14-124(a)(3), which Wood alleges was not in effect when he committed the offense. The record demonstrates that the crime was alleged to have been committed on or around March 27, 2013. Wood alleges that the subsection he was charged under, Ark.Code Ann. § 5-14-124(a)(3), was not in effect because the legislature amended Ark. Code Ann. § 5-14-124 in Act 1044 of 2013.

Wood’s argument fails because the substantive law in effect on the date the crime wás committed controls. See Berry v. State, 278 Ark. 578, 582, 647 S.W.2d 453, 456 (1983). Here, the crime occurred on March 27, 2013, the amended legislation did not go into effect until August 2013. Thus, the amendment has no bearing on Wood’s case. See Ark.Code Ann. § 5-14-124. Counsel is not ineffective for failing to make a meritless objection. Tubbs v. State, 2009 Ark. 249, 370 S.W.3d 157. Therefore, we affirm the circuit court on this first point.

|SB. Mental Health Issues

For his second claim, Wood asserts that the circuit court erred when it denied his Rule 37.1 petition because his defense counsel failed to request a mental evaluation when she knew, or should have known, that Wood suffered from post-traumatic stress disorder (“PTSD”). Wood further asserts that the circuit court erred because it should have sua sponte ordered a mental evaluation.'

Wood presented his mental-health arguments to the circuit court in his Rule 37.1 petition, and in its January 10, 2014, order the circuit court denied his claims and held:

The fourth argument by the Defendant is that his attorney failed to inquire about his mental capacity. This allegation is without merit_ During acceptance of the plea agreement, the Defendant was specifically asked whether he was under any mental disability or impairment. After the Defendant replied in the affirmative, the Defendant was asked whether it was anything that would keep him from understanding what we are doing today. His reply was “No, your honor.” He was then asked whether he was under in influence of any medicine or anything that would cause him to be foggy or cause any problems at all. His reply was “No, your honor.” ... As a follow up, the Court ... asked the Defendant; “On the impairment, and I hate to get personal, but I need to know what is it?” The Defendant replied; “Post traumatic stress disorder, combat related.” The Court then inquired, “Okay, so that would not affect your thought process for today?” The Defendant’s reply was “No sir.”

On appeal, Wood presents several arguments regarding his mental health and that he suffers from PTSD— but none of the arguments are meritorious. First, with regard to the requisite culpable intent, violation of Ark.Code Ann. § 5-14-124 does not require a requisite intent. See Martin v. State, 2015 Ark. 147, at 1, 460 S.W.3d 289, 290. Although Wood asserts the circuit court should have sua sponte suspended the guilty plea proceeding and he is entitled to relief, at the guilty plea hearing, Wood stated that the PTSD he claimed to suffer from did not affect his thought processes.

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Bluebook (online)
2015 Ark. 477, 478 S.W.3d 194, 2015 Ark. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wood-v-state-ark-2015.