Supreme Court of Arkansas

Johnathan Johnston, Appellant v. State of Arkansas, Appellee

April 9, 20152015 Ark. LEXIS 188

Summary

The court dismissed Johnston’s appeal from the denial of his postconviction petition because the record showed that he could not prevail on his ineffective-assistance claims. Johnston failed to identify available experts, establish that their proposed testimony would have been admissible, or show a reasonable probability that the testimony would have changed the trial outcome. The court also held that Rule 37.1 could not be used to relitigate the sufficiency or weight of the evidence supporting his convictions.