Supreme Court of Arkansas

Roy Lee Russell, Appellant v. State of Arkansas, Appellee

April 28, 20162016 Ark. LEXIS 150

Summary

The court affirmed the denial of Russell's Rule 37.1 petition, holding that the trial court did not clearly err in rejecting his ineffective-assistance claims without an evidentiary hearing. The record showed that the proposed medical evidence and witness testimony would have been cumulative, while the remaining claims lacked factual or legal support and did not establish prejudice. The court also upheld the rejection of claims concerning multiplicity, closing argument, selective prosecution, consecutive sentences, and preservation of a sufficiency challenge.