Supreme Court of Arkansas

Ellis Charles Butler v. State of Arkansas

October 13, 20112011 Ark. LEXIS 530

Summary

The court affirmed the denial of Butler’s postconviction petition, holding that he failed to establish ineffective assistance of counsel under the applicable deficiency-and-prejudice standard. The court rejected claims involving allegedly vindictive sentencing, an implied jury instruction, counsel’s handling of a prospective juror, and counsel’s reference to Butler’s prior rape trial. The court concluded that the sentencing claim lacked merit, the jury-deliberation and prior-trial-reference claims were inadequately supported, and the juror decision was reasonable trial strategy without demonstrated prejudice.