Supreme Court of Arkansas

Adrian Dewayne Wooten, Appellant v. State of Arkansas, Appellee

November 3, 20162016 Ark. LEXIS 313

Summary

The court affirmed the denial of Wooten’s Rule 37.1 petition without an evidentiary hearing. It held that Wooten failed to show deficient performance or prejudice concerning the absence of a written order on his new-trial motion, failed to establish that prosecutorial-misconduct issues were preserved and meritorious on appeal, and failed to show that the federal vagueness ruling applied to Arkansas’s habitual-offender statute. The court also concluded that the record conclusively showed that the petition lacked merit and therefore supported denial without a hearing.