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

Summary

The court affirmed the denial of Wertz’s post-conviction petition, holding that he failed to establish either deficient performance or prejudice from counsel’s guilt-phase representation. It also held that, although counsel may have been deficient in developing mitigation evidence, Wertz failed to show a reasonable probability that additional mitigation would have changed the death sentence. Special Justice Andrew Fulkerson, joined by Justice Hart, concurred as to the guilt phase but would have found ineffective assistance at sentencing because the alleged waiver of mitigation was not knowing and voluntary.