Supreme Court of Arkansas

Phillip Holloway v. State of Arkansas

April 4, 20132013 Ark. LEXIS 162

Summary

The court affirmed the denial of Holloway’s Rule 37.1 petition, holding that he failed to show either deficient performance or prejudice from counsel’s failure to preserve claims involving alleged misconduct, lesser-included-offense instructions, inconsistent verdict forms, and expert testimony. The court concluded that the alleged misconduct was presented to the jury, the lesser-included instructions had a rational evidentiary basis, the verdict forms did not create prejudicial inconsistency, and the medical examiner’s testimony was within his expertise or cumulative. No separate opinions were filed.