Steven Victor Wertz, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed the denial of Wertz’s Rule 37 petition, holding that he failed to establish ineffective assistance during either the guilt or sentencing phase. His guilt-phase allegations were conclusory or concerned reasonable strategy, and his sentencing-phase claim failed because counsel presented some mitigation and Wertz did not show a reasonable probability that additional evidence would have changed the death sentence. Andrew Fulkerson, Special Justice, joined by Hart, J., concurred in part and dissented in part, concluding that counsel was ineffective at sentencing and that Wertz’s alleged waiver of mitigation was not knowing and voluntary.