Supreme Court of Arkansas

Raymond D. Leach, Appellant v. State of Arkansas, Appellee

April 9, 20152015 Ark. LEXIS 255

Summary

The court dismissed Leach’s appeal from the denial of his postconviction petition because the record showed that he could not prevail, and it therefore deemed his transcript and briefing-time motions moot. It held that his sufficiency challenge was not cognizable in postconviction proceedings and that his ineffective-assistance claims failed because he did not establish deficient performance and prejudice. The court also rejected his claim concerning an uncommunicated plea offer because the record did not establish that an actual offer had been made. Justice Danielson, dissenting, would have remanded for a hearing on whether counsel failed to communicate the State’s inquiry about Leach’s willingness to consider a plea bargain.