Supreme Court of Arkansas
Dellemond Cunningham v. State of Arkansas
September 5, 20132013 Ark. LEXIS 353
Summary
The court affirmed the denial of Cunningham's postconviction petition, holding that he failed to establish either deficient performance or resulting prejudice under the governing ineffective-assistance standard. The court rejected claims concerning late disclosure of an expert, failure to seek a continuance, jury selection, failure to request a mistrial, admission of a police-interview transcript, and hearsay objections. It also held that the alleged prosecutorial misconduct did not warrant postconviction relief because the expert did not testify and the issue could have been raised at trial.