Supreme Court of Arkansas
Alvin T. Fukunaga, Appellant v. State of Arkansas, Appellee
April 14, 20162016 Ark. LEXIS 131
Summary
The Supreme Court of Arkansas affirmed the denial of postconviction relief, holding that trial counsel's failure to object to a deputy's testimony about delayed disclosure and memory retrieval was a reasonable strategic choice. Counsel instead challenged the deputy's qualifications and testimony on cross-examination, and the court therefore found no deficient performance without reaching prejudice. Justice Wynne, concurring, agreed with the result but would have found deficient performance and affirmed because the petitioner failed to establish prejudice.