Supreme Court of Arkansas

Robert Lee Sandrelli, Appellant v. State of Arkansas, Appellee

March 10, 20162016 Ark. LEXIS 79

Summary

The court affirmed dismissal without a hearing of Sandrelli's conclusory claim that counsel's stress caused deficient performance. It reversed and remanded for an evidentiary hearing on whether counsel's failure to call witnesses, including Sandrelli, reflected reasonable professional judgment and prejudiced the defense, particularly because the first trial with defense witnesses ended in a hung jury while the second trial without defense witnesses resulted in convictions. Justice Danielson, concurring, would remand based specifically on the unresolved claim that counsel did not consult Sandrelli before deciding he would not testify.