Vernell R. Conley, Appellant v. State of Arkansas, Appellee — Hart, J., Concurring

Summary

Justice Hart concurred in the majority's reversal and remand with directions to dismiss the possession charges. She reasoned that, if the ineffective-assistance issue concerning those charges required resolution, counsel's promise during opening statement to present a witness and subsequent failure to do so would support a finding of ineffectiveness and prejudice. She further concluded that Conley made only conclusory allegations regarding spillover prejudice to the delivery conviction and could not establish prejudice on that count.