Davis v. State, 2016 Ark. 352

Cohen James Davis pleaded guilty on July 2, 2015 to first-degree murder and rape by forcible compulsion in the death and sexual injuries of his two-year-old niece; sentencing imposed 360 months for murder and 240 months (per plea negotiation) for rape.
On July 9, 2015 Davis attempted to revoke his plea; that request was denied. He then filed a timely, verified Rule 37.1 petition alleging his plea was involuntary due to ineffective assistance of counsel (Ernie Witt).
Davis alleged he was misled about the reason for his courthouse appearance, pressured and threatened by counsel (including statements about DHS returning his children and threats about the death penalty), denied access to investigative materials, and was overwhelmed when he pleaded guilty.
The trial court held an evidentiary hearing: Witt testified he reviewed medical/autopsy records, consulted co-counsel, advised pleading guilty based on strong state evidence, and denied coercive statements; Davis and his mother testified about limited medical records suggesting possible malpractice as an alternative explanation.
The trial court credited Witt over Davis, found Davis’s plea knowing, voluntary, and counseled, and concluded Davis failed to show counsel’s performance was deficient under Strickland such that he would have gone to trial.
The Supreme Court of Arkansas dismissed the appeal as Davis could not prevail; Davis’s motions for extension of time to file a brief and for appointed counsel were rendered moot.

Issue	Plaintiff's Argument (Davis)	Defendant's Argument (Witt/State)	Held
Whether Davis’s guilty plea was involuntary due to coercion/pressure by counsel	Davis said Witt pressured/threatened him, misled him about consequences (DHS, death penalty), and forced him to sign plea	Witt denied coercion, testified he advised plea based on strong evidence and that Davis knowingly and voluntarily pleaded guilty	Court found Witt more credible; plea was knowing and voluntary; claim denied
Whether counsel was ineffective for failing to disclose or investigate medical/exculpatory evidence	Davis argued Witt failed to provide access to records and did not investigate possible medical-malpractice defense	Witt testified he reviewed records, hired co-counsel, allowed Davis to review autopsy materials, and discussed parole; trial court found the limited records offered did not show a missed defense	Court held Davis failed to show counsel’s performance was deficient under Strickland; claim denied
Whether procedural relief (appeal, motions for extension and appointment of counsel) should proceed	Davis sought appellate review and appointment of counsel/extension to file brief	State argued record shows no reversible error; motions unnecessary if appeal cannot succeed	Appeal dismissed as meritless; motions moot

Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong standard)
Tollett v. Henderson, 411 U.S. 258 (guilty-plea waiver of non-jurisdictional claims and voluntariness inquiry)
Robinson v. State, 2016 Ark. 211 (standard of review for Rule 37.1 denials)
Tornavacca v. State, 2012 Ark. 224 (need to show both Strickland prongs post-plea)
Davenport v. State, 373 Ark. 71 (deference to trial court credibility findings)