Lacy v. State (Majority, with Dissenting)
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The Supreme Court affirmed in part and reversed and dismissed in part the order of the circuit court denying Appellant’s petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.5.
The Court reversed and dismissed as to the issue of whether trial counsel’s failure to present the affirmative defense of not guilty by reason of mental disease or defect was ineffective assistance of counsel, holding that the trial court did not have jurisdiction to consider this issue. The Court otherwise affirmed, holding (1) the trial court did not err in finding that counsel did not provide ineffective assistance as to Appellant’s remaining allegations of defective representation; and (2) the cumulative error rule in allegations of ineffective assistance of counsel should not be recognized in Arkansas.
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