Supreme Court of Arkansas

Chase A. Prater v. State of Arkansas

April 19, 20122012 Ark. LEXIS 190

Summary

The court affirmed the denial of Prater's Rule 37 petition, holding that counsel was not ineffective in failing to preserve a kidnapping-restraint argument, introduce post-assault photographs and a social-media comment, or object to repeated questioning about Prater's post-arrest silence. The court concluded that the kidnapping argument lacked merit, the evidentiary decision was reasonable trial strategy, and the decision not to object to the Doyle violation was also a considered strategic choice. The court acknowledged that a Doyle violation occurred but held that the violation alone did not establish ineffective assistance.