Holloway v. State
2013 Ark. 140
| Ark. | 2013Background
- Holloway was charged with first-degree murder; found guilty of second-degree murder and sentenced to 30 years.
- Arkansas Court of Appeals affirmed; Holloway filed Rule 37.1 petition denied without a hearing.
- Petition asserted ineffective assistance of trial counsel for preserving police/prosecutorial misconduct, lesser-included offenses, and a portion of testimony by Dr. Peretti.
- Trial evidence included Holloway’s statements, witness testimony, and physical evidence from the scene, vehicle, and residence.
- Circuit court applied Strickland standards; denied postconviction relief; Holloway appealed the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffectiveness for failing to preserve misconduct issues | Holloway contends misconduct evidence was unpreserved | State argues misconduct adequately presented to jury | No prejudice; not clearly erroneous to deny relief |
| Ineffectiveness for preserving lesser-included offenses | Counsel failed to preserve objections to lesser-included offenses | There was a rational basis for lesser-included instructions | No prejudice; circuit court correct in denial |
| Ineffectiveness for failing to object to Dr. Peretti testimony | Testimony exceeded expert scope and prejudiced trial | Testimony was within Dr. Peretti’s expertise and cumulative | Not clearly erroneous; no reversible error based on cumulative or scope considerations |
| Inconsistent verdict forms and potential mistrial | Mistrial should have been sought due to inconsistent verdicts | Verdicts not inconsistent under precedent; harmless error | Harmless error; no reversal warranted |
Key Cases Cited
- McCoy v. State, 847 Ark. 913 (2002) (definition of knowingly with extreme indifference; second-degree murder is a lesser-included of first-degree murder)
- Byrd v. State, 337 Ark. 413 (1999) (limitations of lesser-included offense analysis; context-based exceptions)
- Jones v. State, 321 Ark. 451 (1995) (statutory framework for lesser-included instructions; not defendant's decision to determine propriety)
- Doby v. State, 290 Ark. 408 (1986) (contrast with Jones; defendant’s innocence vs. justification defenses in preserving issues)
- Ray v. State, 342 Ark. 180 (2000) (harmless error standard for inconsistent verdict forms; no automatic mistrial required)
- Wright v. State, 368 Ark. 629 (2007) (prejudice not shown when cumulative evidence exists; scope of testimony)