Supreme Court of Arkansas

Clint Beavers, Appellant v. State of Arkansas, Appellee

June 23, 20162016 Ark. LEXIS 220

Summary

The court held that trial counsel provided ineffective assistance during plea negotiations by incorrectly advising Beavers about parole eligibility for a proposed twenty-year sentence on a reduced charge. Beavers established deficient performance and prejudice because he testified that he would have accepted the more favorable plea had its terms been properly explained, and he ultimately received a substantially harsher sentence after trial. The court reversed and remanded with instructions that the State reoffer the plea. Justice Wynne, joined by the chief justice and Justice Goodson, dissented, concluding that the circuit court reasonably resolved the conflicting testimony against Beavers and that its ruling was not clearly erroneous.