Supreme Court of Arkansas
Talideen Davenport, Appellant v. State of Arkansas, Appellee
December 12, 20132013 Ark. LEXIS 602
Summary
The court affirmed the denial of Davenport’s post-conviction petition alleging ineffective assistance based on counsel’s failure to object to court-imposed sentences or obtain a waiver of jury sentencing. Although the court recognized that sentencing by the court generally requires a valid waiver, it held that Davenport failed to allege or establish prejudice, which independently defeated his ineffective-assistance claim. The court therefore did not address whether counsel’s performance was deficient.