Supreme Court of Arkansas
Todd Aaron Smith, Appellant v. State of Arkansas, Appellee
December 1, 20162016 Ark. LEXIS 350
Summary
The court affirmed the denial of Smith’s postconviction petition, holding that he failed to establish ineffective assistance of counsel under either the performance or prejudice prong. Counsel was not ineffective for failing to challenge testimony because the testimony was admissible, cumulative, or the product of reasonable trial strategy, and Smith failed to prove that counsel was informed of a sleeping juror or potential impeachment witnesses. The court also deferred to the circuit court’s credibility determinations regarding the Rule 37 hearing.