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 Rule 37.1 postconviction relief because his sufficiency challenge was not cognizable collaterally and his ineffective-assistance claims failed under the applicable performance-and-prejudice standard. The court held that Leach did not show that uncalled witnesses would have offered admissible, outcome-changing evidence, that an accomplice-liability instruction had a rational basis or would have affected the result, or that an uncommunicated plea offer actually existed. Justice Danielson, joined by Justice Hart, dissented because the evidence that the State had inquired about Leach's interest in a plea warranted a hearing to develop whether counsel failed to communicate that inquiry.