Supreme Court of Arkansas

Avery Scott v. State of Arkansas

May 10, 20122012 Ark. LEXIS 228

Summary

The court affirmed the denial of Scott's postconviction petition. It held that his jurisdictional and prosecutorial-bad-faith arguments were impermissible attacks on the sufficiency of the evidence or prosecutorial conduct and therefore could not be raised in a Rule 37.1 proceeding. The court also held that Scott failed to establish ineffective assistance because he did not show that counsel's alleged errors caused him to reject a trial and plead guilty, and his allegations were conclusory and contradicted by the circuit court's credibility findings.