Vernell R. Conley, Appellant v. State of Arkansas, Appellee

Summary

The court affirmed the denial of postconviction relief on the claim that counsel was ineffective for failing to call a witness promised in opening statement, finding no prejudice. It reversed and remanded with directions to dismiss the possession-of-a-controlled-substance and possession-of-drug-paraphernalia convictions because counsel's failure to make a proper directed-verdict motion was deficient and prejudicial where the evidence did not establish constructive possession. The court did not reach the severance claim because the possession charges were to be dismissed. Justice Hart, concurring, would have found counsel ineffective regarding the promised witness as to the possession charges but agreed that dismissal made further relief unnecessary.