Supreme Court of Arkansas

Jackie Breeden, Jr., Appellant v. State of Arkansas, Appellee

April 10, 20142014 Ark. LEXIS 224

Summary

The court affirmed the denial of Breeden’s Rule 37.1 postconviction petition without an evidentiary hearing because the record conclusively showed that his ineffective-assistance and related trial-error claims lacked merit. It held that the record disproved his alleged courtroom removal, his witness claims were conclusory and cumulative, his confession was obtained outside custodial interrogation, and his speedy-trial claims either were procedurally unavailable or failed on the merits. The court also held that Breeden failed to show prejudice from counsel’s alleged failure to seek release, investigate, present a defense, or communicate with him.