Supreme Court of Arkansas

Ricky Earl White v. State of Arkansas

April 25, 20132013 Ark. LEXIS 207

Summary

The court affirmed the denial of White’s postconviction petition, agreeing that counsel improperly changed the defense strategy without consulting him and denied him the opportunity to testify and pursue justification. The court nevertheless held that White failed to establish a reasonable probability that the trial outcome would have changed, given the eyewitness, physical, and impeachment evidence. Justice Hart, joined by Justice Baker, dissented, concluding that the constitutional violations were prejudicial per se or otherwise undermined confidence in the verdict.