McNichols v. State
Annotate this CaseAfter a jury trial, Appellant was found guilty of two counts of raping his seven-year-old stepdaughter. After the mandate issued, Appellant filed a pro se petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1 alleging, among other claims, ineffective assistance of counsel. The trial court dismissed the petition after a hearing. The Supreme Court affirmed, holding (1) the trial court did not clearly err in holding that counsel’s performance was not ineffective; (2) the trial court correctly held that Appellant’s claim of prosecutorial misconduct at trial was not cognizable in a Rule 37.1 proceeding; and (3) Appellant’s claim that he was dissatisfied with his attorney’s representation in the Rule 37.1 proceeding was not grounds to reverse the trial court’s order and remand for a new hearing.
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