Gregory Decay, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed the denial of Decay’s postconviction petition, holding that he failed to establish ineffective assistance of counsel under either prong of the applicable test. Counsel adequately investigated and presented mitigation, the prosecutor’s remarks did not improperly comment on Decay’s failure to testify, and Decay did not show prejudice from the release-eligibility comment. The court also held that counsel’s strategic choice not to present Decay’s preferred denial defense was not deficient, and therefore declined to presume prejudice.