Supreme Court of Arkansas

Trozzie Lavelle Turner, Appellant v. State of Arkansas, Appellee — Baker, J., Dissenting

March 10, 20162016 Ark. LEXIS 80

Summary

Justice Baker, dissenting, argues that the majority improperly shifted the burden from the postconviction petitioner to the State on the speedy-trial ineffective-assistance claim. The dissent maintains that Turner had to prove both an underlying speedy-trial violation and a reasonable probability that a dismissal motion would have succeeded, and that the record showed defense-requested continuances sufficient to defeat the claim. It also argues that the circuit court made adequate findings under Rule 37.3. Goodson and Wood, JJ., joined the dissent.