Supreme Court of Arkansas

Cuningham v. State

September 5, 20132013 Ark. 304

Summary

The court affirmed the denial of Cunningham’s postconviction petition because he failed to establish either deficient performance or resulting prejudice under the governing ineffective-assistance standard. The court rejected claims involving disclosure of a gang expert, failure to seek a continuance, jury selection, a mistrial, admission of a police-interview transcript, and hearsay objections. It also concluded that the alleged untimely disclosure did not prejudice Cunningham because the expert did not testify.