James E. Montgomery v. State of Arkansas

Summary

The court affirmed the denial of relief on the claims concerning the challenged constitutional testimony and additional DNA testing, but reversed and remanded for further consideration of several ineffective-assistance claims involving failures to object to credibility and behavioral testimony and failure to call a witness. Because the petition was denied without a hearing, the court held that the record did not establish that counsel's omissions were strategic or that the claims were conclusively meritless. The court also held that a curative instruction defeated prejudice from counsel's failure to object specifically to testimony vouching for the victim's credibility.