482 S.W.3d 314
Ark.2016Background
- Johnta Barber was convicted by a jury (Jan. 8, 2009) of aggravated robbery, three kidnappings, firearm offenses, theft, aggravated assault, and fleeing; aggregate sentence 684 months. Convictions arose from a bank robbery in which employees were forced into a vault at gunpoint.
- On direct appeal the Arkansas Court of Appeals affirmed the convictions and rejected a speedy-trial claim. Barber v. State, 2010 Ark. App. 210, 374 S.W.3d 709.
- Barber filed a timely Rule 37.1 petition (Apr. 21, 2010) and an amended petition (Dec. 23, 2014) alleging ineffective assistance of counsel (failure to seek lesser-included instructions; failure to move for mistrial for alleged witness coaching; failure to challenge prior-conviction evidence; counsel delay violating speedy-trial rights), and that the judgment incorrectly labeled kidnappings as Y felonies rather than B felonies.
- The circuit court held a preliminary hearing, found Barber presented insufficient factual support for an evidentiary hearing, and denied relief (formal order Apr. 28, 2015). Barber appealed pro se.
- The Supreme Court of Arkansas reviewed whether the circuit court clearly erred in denying Rule 37 relief and addressed: cognizability of the speedy-trial claim; Strickland standard for ineffective assistance; omitted issues not ruled upon by the circuit court; and whether the sentence was illegal on its face.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Speedy-trial violation | Barber: trial delayed; counsel requested unnecessary continuances and violated his speedy-trial right | State: claim was raised and rejected on direct appeal; not cognizable in Rule 37.1 | Denied — claim barred as previously adjudicated and not cognizable on Rule 37 review |
| Ineffective assistance — lesser-included offenses / instructions | Barber: counsel failed to challenge sufficiency and failed to request lesser-included instructions, causing prejudice | State: no factual showing of entitlement to any lesser-included instruction; substantial evidence supported convictions | Denied — no factual basis shown; no rational basis for lesser-included instructions |
| Ineffective assistance — prosecutor coaching / mistrial | Barber: prosecutor coached witnesses before co-defendant trials; counsel should have moved for mistrial | State: alleged coaching occurred a year earlier, not immediately before Barber’s trial; Cook limited to immediate pretrial coaching | Denied — facts insufficient to show immediate coaching prejudicial to Barber’s trial |
| Evidentiary hearing & illegal sentence | Barber: trial court erred by denying Rule 37 relief without an evidentiary hearing; judgment incorrectly lists kidnappings as Y felonies | State: record shows petitions conclusory; sentencing for kidnappings within statutory range; evidentiary hearing not required when petition lacks factual support | Denied — no abuse of discretion in denying hearing; sentences not illegal on their face; issue abandoned on appeal |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel: performance and prejudice)
- Cook v. State, 274 Ark. 244 (1981) (prosecutor coaching immediately before trial can warrant mistrial; limited to its facts)
- Woods v. State, 302 Ark. 512 (1990) (classification of kidnapping as B felony after voluntary safe release is not a lesser-included offense of Y-felony kidnapping)