Michael Wade Myers and Scott Lynn Hall v. State of Arkansas

Summary

The court affirmed the denial of both appellants’ Rule 37 petitions. It held that counsel was not ineffective for failing to challenge convictions based on double-jeopardy or lesser-included-offense theories that were contrary to existing Arkansas law, and that Hall was charged with the offense for which he was convicted while Myers was not convicted of that offense. The court also held that the appellants failed to establish ineffective assistance based on the seventy-percent parole provision because parole eligibility was immaterial to whether the jury’s decision would have differed.