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

Summary

The court affirmed the denial of relief on Conley’s claim that counsel was ineffective for failing to call a witness promised in opening statement, because Conley failed to establish prejudice. The court reversed and remanded for dismissal of the possession convictions, holding that counsel was ineffective for failing to preserve a sufficiency challenge because the evidence did not substantially link Conley to the hidden marijuana and digital scales. The court did not reach the severance claim because the possession charges were being dismissed. Justice Josephine Linker Hart, concurring, would have found prejudice from the unfulfilled promise as to the possession charges but agreed that the issue need not be reached after dismissal.