Isom v. State
370 S.W.3d 491
Ark.2010Background
- Isom appeals a Rule 37.5 postconviction denial raising ineffective assistance claims.
- Isom was sentenced to death for capital murder and received consecutive additional sentences.
- The court applies Strickland v. Washington standards and clear-error review on postconviction findings.
- Arkansas standards in Williams v. State and Howard v. State guide the assessment of counsel's performance.
- Isom argues trial counsel failed to investigate, interview, and call multiple witnesses and to object to certain evidence and closing remarks.
- The court affirms the circuit court’s denial of postconviction relief after evaluating each claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to call Green as a witness | Isom argues Green would alleged Avery confession; testimony would help. | Green testified he had no such knowledge; no prejudice shown. | No reasonable probability of different outcome |
| Failure to call other witnesses about Avery’s hand injury | Testimony could support defense through alleged injuries tied to the crimes. | Witnesses lacked credibility and relevance; improbable impact. | No prejudicial impact shown |
| Failure to present alibi witnesses Lamb, Bealer, and Ricky Isom | Alibi witnesses could mitigate or rebut guilt. | Proffered witnesses were unreliable or cumulative; counsel judged trial strategy. | Counsel's strategy reasonable; no proof of reasonable probability of different outcome |
| Challenging admission of the judgment and commitment order as aggravator | Order revealed other felonies, prejudicing jury. | Judge testified only to second-degree battery; no evidence jury saw other felonies. | No reasonable probability of different outcome |
| Effect of photo lineup/identification and closing argument references | Counsel should have objected to potential misdirection and unduly suggestive lines. | There was no indecision on appeal; issues resolved previously; no shifting of responsibility. | Claims fail; no reversal |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes two-prong standard for ineffective assistance)
- Williams v. State, 369 Ark. 104 (2007) (clear-error review standard for postconviction decisions)
- Howard v. State, 367 Ark. 18 (2006) (defines review of factual findings under postconviction relief)
- Lee v. State, 2009 Ark. 255 (2009) (presumption of reasonable professional assistance; burden on petitioner)
- Caldwell v. Mississippi, 472 U.S. 320 (1985) (addressing shifting responsibility in closing arguments)
