Joseph Polivka v. State of Arkansas

Summary

The court affirmed the denial of Joseph Polivka’s Rule 37 petition without an evidentiary hearing. It held that claims concerning counsel’s performance during the bifurcated sentencing proceeding could be reviewed after a guilty plea, but found each asserted deficiency procedurally barred, unsupported, meritless, or nonprejudicial. The court also held that the petition and record conclusively showed that Polivka was not entitled to relief.