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 counsel’s failure to present additional pharmacy evidence did not establish ineffective assistance because the evidence would have been cumulative and did not create a reasonable probability of a different outcome. It also held that counsel was not ineffective for failing to obtain a lesser-included-offense instruction where counsel discussed and prepared the instruction, but Feuget knowingly rejected the strategy. Justice Danielson, concurring, agreed that relief should be denied but would have resolved the first claim solely on lack of prejudice rather than trial strategy.