Supreme Court of Arkansas
Michael Arlie Feuget, Appellant v. State of Arkansas, Appellee
February 12, 20152015 Ark. LEXIS 55
Summary
The court affirmed the denial of Feuget's postconviction petition, holding that he failed to establish ineffective assistance based on counsel's failure to present additional pharmacy evidence and failure to request a lesser-included-offense instruction. The additional pharmacy evidence would have been cumulative and did not create a reasonable probability of a different result, while the decision not to pursue the lesser offense was a permissible trial strategy that Feuget knowingly chose. Justice Danielson, concurring, agreed with the result but would have resolved the pharmacy-evidence claim solely on lack of prejudice.