Hansler v. State, 2017 Ark. 15

Appellant Michael Edward Hansler pled nolo contendere to rape and received 180 months' imprisonment; judgment entered Jan. 20, 2016.
On Apr. 11, 2016, Hansler filed a timely, verified pro se Rule 37.1 petition claiming ineffective assistance of counsel and asking to vacate the judgment.
Hansler alleged counsel ignored his claims of innocence, failed to investigate or provide evidence, focused only on plea bargaining, and was biased against him because he is Wiccan.
The trial court denied the Rule 37.1 petition without an evidentiary hearing, finding the petition conclusory and lacking factual support.
Hansler appealed and also moved for a default judgment and appointment of counsel; the Supreme Court deemed those requests moot.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective such that plea was involuntary	Hansler: counsel ignored innocence claims and coerced plea focus	State: petition contains only conclusory allegations, no facts showing prejudice or correlation to plea	Denied — conclusory claims insufficient; no factual showing of prejudice
Failure to investigate / discuss evidence	Hansler: counsel failed to investigate or provide evidence, would have changed plea decision	State: petitioner must allege specific facts showing what investigation would have revealed and how it would affect the plea	Denied — no specific facts alleged showing what discovery would have changed the plea decision
Counsel biased against client due to Wiccan religion	Hansler: counsel prejudiced against him and warned jury would be biased	State: unsupported assertion; no showing that alleged bias affected voluntariness of plea	Denied — no factual nexus between alleged bias/advice and involuntary plea
Denial without an evidentiary hearing; appointment of counsel; motion for default judgment	Hansler: trial court erred in denying petition without hearing and should appoint counsel; seeks default due to procedural delays	State: court may deny without hearing when petition is conclusory; extensions and briefing not grounds for default; appointment not required	Denied/Moot — denial without hearing proper because petition conclusively lacked merit; motion for default and counsel appointment moot

Anderson v. State, 385 S.W.3d 783 (Ark. 2011) (conclusory allegations insufficient for postconviction relief)
Mancia v. State, 459 S.W.3d 259 (Ark. 2015) (in plea cases, inquiry is whether plea was intelligently and voluntarily entered on advice of competent counsel)
Pedraza v. State, 485 S.W.3d 686 (Ark. 2016) (petitioner limited to factual allegations made below; statements without factual basis inadequate)
Sandoval-Vega v. State, 384 S.W.3d 508 (Ark. 2011) (need to show counsel error and prejudice in plea context)
Scott v. State, 406 S.W.3d 100 (Ark. 2012) (must show direct correlation between counsel's conduct and involuntariness of plea)
Sims v. State, 472 S.W.3d 107 (Ark. 2015) (trial court may deny Rule 37.1 petition without hearing when petition conclusively shows no merit)
Robinson v. State, 439 S.W.3d 32 (Ark. 2014) (appellate court may affirm denial of Rule 37.1 petition when petition on its face shows no relief warranted)