Sandrelli v. State (Majority, with Concurring)Annotate this Case
After a second jury trial, Appellant was convicted of four counts of rape. The court of appeals affirmed. Appellant subsequently filed an Ark. R. Crim. P. 37 petition, alleging ineffective assistance of counsel. Appellant’s petition contained three allegations of deficient performance during the second jury trial. The circuit court denied the petition without a hearing, concluding that the first allegation was conclusory and the remaining allegations were matters of trial strategy and could not form the basis for postconviction relief. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the circuit court correctly found that the first allegation could not form the basis for postconviction relief; but (2) Appellant’s second and third claims for relief based on ineffective assistance of counsel were colorable claims. Remanded for a hearing on Appellant’s second and third claims.