Van Winkle v. State (Majority, with Concurring)Annotate this Case
Appellant was convicted of kidnapping, aggravated residential burglary, and other offenses. Appellant was sentenced to fifty-two years’ imprisonment, which included a firearm enhancement. The court of appeals affirmed. Thereafter, Appellant filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1. The circuit court denied relief without holding a hearing. The Supreme Court affirmed, holding (1) Appellant did not establish that his trial counsel was ineffective for failing to pursue and actual-innocence defense where Appellant’s counsel actually pursued an actual-innocence defense at trial; (2) Appellant failed to demonstrate prejudice due to trial counsel’s failure to move for a change of venue; (3) Appellant’s sentence for employing a firearm in the commission of an offense was not void as the result of ineffective assistance of trial counsel; and (4) considering the totality of the evidence, the circuit court did not clearly err in denying Appellant’s request for an evidentiary hearing.