Lowery v. State (Majority)
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The Supreme Court affirmed the conclusions of the trial court denying Petitioner's petition and amended petition for postconviction relief filed pursuant to Ark. R. Crim. P. 37.1, holding that the trial court did not err or abuse its discretion.
Petitioner was convicted of rape and second-degree sexual assault. In his petition for postconviction relief, Petitioner claimed that his trial attorneys failed to render effective assistance. The trial court addressed some but not all claims brought by Petitioner and found them to be within merit under Strickland v. Washington, 466 U.S. 668 (1984). The Supreme Court affirmed, holding (1) Petitioner waived appellate review of most of his claims; and (2) as to the remaining claims, the trial court did not err in finding them to be without merit.
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