Supreme Court of Arkansas

Don Airsman, Jr., Appellant v. State of Arkansas, Appellee

November 5, 20152015 Ark. LEXIS 616

Summary

The court affirmed the denial of Airsman’s Rule 37.1 petition because his juror-related claims were either unpreserved, procedurally barred, not cognizable in postconviction proceedings, or unsupported by evidence. His prosecutorial-misconduct claims likewise were not cognizable under Rule 37.1, and his related ineffective-assistance allegations were conclusory and failed to establish deficient performance or prejudice. The court also upheld the denial without an evidentiary hearing because the petition did not allege facts warranting relief.