Edwards v. State, 521 S.W.3d 107

Alan Ray Edwards was convicted of first-degree murder (with firearm enhancement) and attempted first-degree murder for shootings at a Hot Springs bar; he received a total of 65 years’ imprisonment.
Facts at trial: Edwards was involved in an earlier fight, left, returned with a shotgun looking for the assailant, shot and killed Toby Fowlks, and fired at a bartender who avoided injury; surveillance video and eyewitnesses corroborated purposeful conduct.
Edwards retained Dr. Albert Kittrell (forensic psychiatrist), who diagnosed a psychotic disorder and reported hallucinations and impairment, but expressly concluded Edwards still could appreciate criminality and conform conduct to law; his report also stated Edwards had impairment in capacity for culpable mental state.
Trial court excluded testimony from Dr. Kittrell as to whether Edwards had the capacity to form purposeful intent, allowing only testimony on ability to conform conduct to law; the jury convicted and this court affirmed on direct appeal.
Edwards filed a Rule 37 petition alleging ineffective assistance of counsel for (1) failing to elicit/argue admission of intent-capacity testimony or due-process claim, (2) not pursuing a self-defense theory, and (3) failing to present sufficient mitigation at sentencing; the trial court denied relief and this appeal followed.

Issue	Plaintiff's Argument (Edwards)	Defendant's Argument (State)	Held
Counsel ineffective for not eliciting Dr. Kittrell testimony on general capacity to form intent / not arguing due-process deprivation	Counsel should have elicited opinion that Edwards lacked capacity to form purposeful intent or argued that exclusion deprived him of his only defense	Dr. Kittrell never opined Edwards lacked ability to conform or appreciate criminality; exclusion could not have deprived Edwards of evidence establishing elements of the statutory insanity defense	Denied — no prejudice because expert did not offer the necessary opinions to establish the statutory defense and ample evidence of purposeful conduct existed
Counsel ineffective for failing to pursue self-defense	Counsel should have advanced self-defense as an alternative theory	Self-defense is unavailable where defendant arms himself and goes to a place anticipating confrontation	Denied — self-defense legally unavailable given Edwards went back to the bar armed seeking the man who had struck him
Counsel ineffective for inadequate mitigation at sentencing	Counsel failed to present mitigating evidence; resulting 65-year term is effectively life for Edwards	Edwards received less than the maximum possible sentences; precedent requires showing prejudice beyond a non-maximum sentence	Denied — no prejudice shown; sentence was below the statutory maximum and precedent forecloses relief on that basis

Strickland v. Washington, 466 U.S. 668 (establishing two-part ineffective-assistance standard)
Edwards v. State, 2015 Ark. 377, 472 S.W.3d 479 (direct appeal affirming convictions and summarizing trial rulings)
Kemp v. State, 348 Ark. 750, 74 S.W.3d 224 (self-defense unavailable where defendant arms himself and anticipates attack)
Girtman v. State, 285 Ark. 13, 684 S.W.2d 806 (same principle limiting self-defense)
Franklin v. State, 351 Ark. 131, 89 S.W.3d 865 (no prejudice where defendant receives less than maximum sentence)