Supreme Court of Arkansas

Caery v. State

May 22, 20142014 Ark. 247

Summary

The court dismissed Caery’s appeal from the denial of his postconviction petition because the record showed that he could not prevail, rendering his motion for additional briefing time moot. Applying the clearly erroneous standard and the two-part ineffective-assistance framework, the court held that Caery’s conclusory and unsupported allegations did not establish deficient performance or prejudice. The court rejected his claims concerning severance, admission of prior criminal history, counsel preparation, and other alleged failures.