Supreme Court of Arkansas

Alvin T. Fukunaga, Appellant v. State of Arkansas, Appellee

April 14, 20162016 Ark. LEXIS 131

Summary

The court affirmed the denial of Alvin Fukunaga’s postconviction petition, holding that counsel’s failure to object to a deputy’s testimony about delayed disclosure and memory was a reasonable trial-strategy decision rather than deficient performance. Counsel cross-examined the deputy about his lack of expertise and the possibility of fabricated allegations, and the testimony played only a limited role in the case. The court therefore did not reach prejudice. Justice Wynne, concurring, would affirm because Fukunaga failed to establish prejudice, while rejecting the majority’s trial-strategy rationale.