Doty v. State
2016 Ark. 341
Ark.2016Background
- On Sept. 1, 2013, Adam Doty shot Justin Yandell during a confrontation following dove hunting; Doty asserted a justification (self-defense) defense at a bench trial.
- Five 911 recordings were disclosed and played at trial; a sixth recording (a callback to Skip Doty) surfaced later and was not produced to defense or known to prosecution at trial.
- Doty waived a jury; the circuit judge convicted him of first-degree battery and sentenced him to 10 years; the Court of Appeals affirmed on direct appeal.
- Doty filed a Rule 37.1 petition raising ineffective-assistance claims based on: (1) trial counsel’s failure to obtain the undisclosed sixth 911 call; (2) counsel’s advice to Skip Doty to omit testimony that he almost shot or would have shot the victim; and (3) counsel’s failure to introduce photographs (and ballistics evidence) to impeach prosecution witnesses.
- The circuit court held an evidentiary hearing and denied relief; the Arkansas Supreme Court affirmed, finding no deficient performance under Strickland or reversible prejudice.
Issues
| Issue | Plaintiff's Argument (Doty) | Defendant's Argument (State / Trial Counsel) | Held |
|---|---|---|---|
| Failure to obtain sixth 911 call | Trial counsel should have discovered/requested the undisclosed callback 911 tape; its absence allowed impeachment of Skip Doty and harmed Doty’s defense | Counsel could not have sought a recording unknown to both parties; counsel reviewed and provided the five disclosed calls to clients; no deficiency shown | No ineffective assistance — counsel’s performance not deficient; claim fails at Strickland first prong |
| Advice to Skip Doty about omitting shooting remarks | Counsel unreasonably told Skip not to testify he would/should have shot the victim, undermining justification defense and prejudice shown by trial judge’s remark | Advice was tactical: prevent Skip’s strong personality and aggressive statements from making him look like the aggressor and undercutting defense | No ineffective assistance — strategic decision supported by reasonable professional judgment |
| Failure to introduce photographs (and ballistics) | Photographs would have impeached Yandells’ claims that shotgun pellets hit their structures and undercut prosecution’s narrative; omission was deficient and prejudicial | Counsel made a tactical decision; photos were intended to impeach a prosecution witness who did not testify, and photos only showed scene location, not origin of fire | No ineffective assistance — tactical choice reasonable; no prejudice established |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Brady v. Maryland, 373 U.S. 83 (1963) (prosecutor’s suppression of materially exculpatory evidence violates due process)
- Taylor v. State, 470 S.W.3d 271 (Ark. 2015) (postconviction review and Strickland framework)
- Anderson v. State, 454 S.W.3d 212 (Ark. 2015) (Rule 37 relief requires both Strickland showings)
- Sherman v. State, 448 S.W.3d 704 (Ark. 2014) (bench-trial ineffective-assistance standard quoting Strickland)