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Isom v. State
370 S.W.3d 491
Ark.
2010
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Background

  • 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)
Read the full case

Case Details

Case Name: Isom v. State
Court Name: Supreme Court of Arkansas
Date Published: Dec 16, 2010
Citation: 370 S.W.3d 491
Docket Number: No. CR 08-1386
Court Abbreviation: Ark.