598 S.W.3d 515
Ark.2020Background
- Latavious D. Johnson, previously convicted of first-degree murder (2000), was serving a life sentence when he stabbed and killed correctional officer Barbara Ester in 2012; he was charged with capital murder and convicted and sentenced to death.
- At the sentencing phase of the 2012 capital trial, defense called only Johnson’s half-sister, Keisha Rhinehart, as a mitigation witness; the State presented victim-impact testimony.
- Trial counsel (Rosenzweig and Perry) did not seek an Act III mental-health evaluation at trial and did not introduce decades-old mental-health records from Johnson’s earlier case.
- Johnson filed a Rule 37.5 petition claiming ineffective assistance of counsel for failing to present additional mitigation witnesses and mental-health evidence; an evidentiary hearing was held.
- Trial counsel testified they reviewed extensive files, interviewed potential witnesses and experts, retained two experts who found no mental-health diagnosis, and strategically selected Rhinehart as the best mitigation witness while avoiding potentially damaging prison/mental-health records.
- The circuit court denied relief; Johnson appealed and the Arkansas Supreme Court affirmed, holding counsel’s mitigation decisions were reasonable strategic choices and not deficient under Strickland.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for failing to present additional mitigation witnesses and older mental-health records at the sentencing phase | Johnson: counsel failed to call many witnesses and introduce prior mental-health records that would show a chaotic childhood and mitigate punishment | State / counsel: counsel investigated, retained experts who found no diagnosis, strategically presented the most effective witness (sister) and avoided opening damaging records; decisions were tactical | Affirmed: counsel's choices were reasonable strategy, performance not deficient under Strickland; no need to reach prejudice |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong standard for ineffective assistance of counsel)
- Atkins v. Virginia, 536 U.S. 304 (2002) (discussed as an example of intellectual-disability context counsel avoided)
- Kemp v. State, 347 Ark. 52 (2001) (standard of review for Rule 37 relief)
- Sparkman v. State, 373 Ark. 45 (2008) (review of ineffective-assistance claims on postconviction)
- Howard v. State, 367 Ark. 18 (2006) (consider totality of evidence in ineffective-assistance review)
- Springs v. State, 387 S.W.3d 143 (Ark. 2012) (presumption of reasonable professional assistance)
- Reams v. State, 560 S.W.3d 441 (Ark. 2018) (failure to investigate mitigation can be ineffective assistance)
- Noel v. State, 342 Ark. 35 (2000) (trial-strategy decisions generally immune from ineffective-assistance findings)
- Wertz v. State, 434 S.W.3d 895 (Ark. 2014) (declining to find counsel ineffective solely because another witness could have helped)
- Coulter v. State, 343 Ark. 22 (2000) (Sixth Amendment guarantee extends to sentencing phase)
- Williams v. State, 369 Ark. 104 (2007) (performance must fall below objective standard of reasonableness)