Turner v. State (Majority, with Dissenting)Annotate this Case
After a jury trial, Appellant was found guilty of possession of cocaine with intent to deliver, possession of methamphetamine with intent to deliver, and maintaining a drug premises. The court of appeals affirmed. Appellant subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37.1, alleging two instances of ineffective assistance of counsel. The circuit court denied the petition without holding an evidentiary hearing. The Supreme Court affirmed in part and reversed and remanded in part, holding (1) the circuit court did not err in ruling that trial counsel was not ineffective for failing to object to certain comments made by the prosecutor during closing argument; and (2) the circuit court’s findings regarding Appellant’s argument that trial counsel was ineffective for failing to make a motion to dismiss for lack of a speedy trial and for failing to make an adequate record that the time for speedy trial had run before the trial started were insufficient for the Court’s review.