Emmitt Riley v. State of Arkansas

Summary

The court affirmed the denial of Riley’s Rule 37 petition without an evidentiary hearing. It held that counsel’s decision not to insist on a second-degree-murder instruction was a reasonable trial-strategy decision and that the record showed no ineffective assistance warranting relief. The court also concluded that Rule 37 was not a forum for relitigating trial tactics, even if those tactics were arguably unsuccessful.