Supreme Court of Arkansas
Gerald Lowery v. State of Arkansas
April 29, 2021621 S.W.3d 140
Summary
The court affirmed the denial of Gerald Lowery's Rule 37.1 petition because most of his ineffective-assistance claims were waived or abandoned, and the preserved claims failed under the deficient-performance and prejudice requirements. The court held that Lowery could not use postconviction proceedings to relitigate an issue resolved on direct appeal and failed to show that counsel was ineffective regarding privileged records, courtroom presence, closing argument, or an alleged conflict of interest. No separate opinions were filed.