Supreme Court of Arkansas

Tommy Bowden, Appellant v. State of Arkansas, Appellee

April 2, 20152015 Ark. LEXIS 149

Summary

The court dismissed Bowden's appeal from the denial of his postconviction petition because the record showed that he could not prevail. It held that Bowden failed to allege or demonstrate prejudice from counsel's handling of discovery, toxicology evidence, or the appeal; that counsel's treatment of the poisoning theory was supported by the record and constituted reasonable strategy; and that the change-of-venue claim was not cognizable in postconviction proceedings because it was an unraised trial-error claim. The motions for an extension of time to file the brief were therefore moot.