Supreme Court of Arkansas

Willie Author McDaniels, Appellant v. State of Arkansas, Appellee

April 24, 20142014 Ark. LEXIS 253

Summary

The court affirmed the denial of Rule 37 postconviction relief without an evidentiary hearing. It held that the alleged charging and jury-instruction error did not prejudice McDaniels because the evidence established that he was both the victim’s guardian and step-grandparent and any charging defect could have been corrected without changing the offense or causing unfair surprise. It also held that the claim concerning third-party semen was conclusory and failed to identify actual prejudice or evidence that further investigation would have produced. No separate opinions were filed.