Supreme Court of Arkansas

Derek Sales, Appellant v. State of Arkansas, Appellee

September 25, 20142014 Ark. LEXIS 503

Summary

The court affirmed the denial of Sales’s postconviction petition, holding that he failed to establish prejudice from either counsel’s statement about the possibility of a gubernatorial pardon or counsel’s reference to his jail escape. Although the statements were unnecessary and counsel’s performance may have been deficient, the overwhelming evidence of guilt and the aggravating circumstances precluded a reasonable probability of a different result at either the guilt or sentencing phase.