Supreme Court of Arkansas

Houston v. State

October 3, 20132013 Ark. 374

Summary

The court held that trial counsel was ineffective for failing to test a firearm recovered from an alternate suspect, because testing could have strengthened the third-party-culpability defense and would not have undermined the defense strategy even if the results were negative. The court found that the trial court clearly erred in deeming counsel's decision reasonable and remanded for entry of an order consistent with its opinion.