Anderson v. State
2011 Ark. 488
| Ark. | 2011Background
- Anderson was 19 when he murdered Clara Creech in Lafayette County; sentenced to death.
- Appellate history: conviction affirmed, but death sentence reversed in Anderson I due to mitigating-error issues; remanded for new sentencing in Miller County.
- In Anderson II, the death sentence was again affirmed after resentencing.
- U.S. Supreme Court denied certiorari; Arkansas Supreme Court reissued mandate affirming death sentence.
- In July 2007 the circuit court stayed execution and appointed counsel to pursue Rule 37.5 postconviction relief; petition denied in August 2008.
- Anderson appealed; issues focused on mental retardation, IAC, and admissibility/coercion of statements; court denied postconviction relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| IAC for failing to pursue mental retardation | Anderson; ineffective assistance due to failure to pursue MR. | State; trial strategy allowed no deficient performance shown. | No reversible error; no prejudice shown; remand not warranted. |
| Taint from Dr. Mallory and need for remand | Anderson; Mallory tainted MR evidence; Newman developments warrant remand. | State; taint not proven; record limits claims to present case. | No remand warranted; record limits to present case; no prejudice shown. |
| Impairment of lead counsel and its effect | Anderson; lead counsel impaired by drug use during trial. | State; credibility and lack of evidence negate impairment. | No reversible error; credibility determinations supported; no impairment proven. |
| Admissibility/coercion of statements and related claims | Anderson; various claims about statements affected by MR issues. | State; trial testimony supported voluntariness; no prejudice. | Prejudice not shown; statements upheld in context of testimony. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-pronged standard for ineffective assistance)
- Cantrell, 2011 Ark. 449 (Ark. 2011) (reasonable probability standard for prejudice)
- Sparkman v. State, 373 Ark. 45 (Ark. 2008) (clarifies Strickland framework application)
- Clarks v. State, 2011 Ark. 296 (Ark. 2011) (totality of evidence standard in Rule 37.5 review)
- Flowers v. State, 362 Ark. 193 (Ark. 2005) (mental retardation considered within totality of circumstances)
- Lee v. State, 367 Ark. 84 (Ark. 2006) (recall of mandate and procedural safeguards in postconviction)