Douglas v. State

The Supreme Court affirmed in part and reversed and remanded in part the circuit court’s denial of Appellant’s petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37. Appellant, who was convicted of first-degree murder and possession of a firearm, argued in his petition that he received ineffective assistance of counsel due to counsel’s failure to present certain jury instructions. The circuit court denied the petition without holding an evidentiary hearing. The Supreme Court held (1) the circuit court did not err in denying Appellant’s claim that trial counsel was ineffective in failing to present the proper jury instruction on justification; but (2) because the circuit court failed to make written findings in accordance with rule 37.3(a) in regards to Appellant’s claim that trial counsel was ineffective in failing to present the proper jury instruction on extreme-emotional-disturbance manslaughter, the case must be remanded for the court to make such findings. View "Douglas v. State" on Justia Law