Henington v. State (Majority, with Concurring)Annotate this Case
Following a jury trial, Appellant Danny Henington was convicted of felony rape and sentenced to thirty-six years' imprisonment. The court of appeals affirmed. Appellant timely filed a petition for postconviction relief, arguing that his trial counsel was ineffective. The circuit court denied Appellant's petition without a hearing. Appellant appealed, arguing that the circuit court erred in failing to conduct an evidentiary hearing and that the court's written findings constituted reversible error. The Supreme Court affirmed, holding that the circuit court did not err in denying Appellant's petition, as (1) the recorded demonstrated that counsel did not perform deficiently, and thus the circuit court did not err in denying an evidentiary hearing; and (2) the court's written findings complied with Ark. R. Crim. P. 37.3.