Montgomery v. State
2014 Ark. 122
Ark.2014Background
- Appellant James Montgomery was convicted of raping his six-year-old granddaughter, K.M., and sentenced to 25 years in the ADC.
- Montgomery pursued postconviction relief under Arkansas Rule of Criminal Procedure 37.1; the circuit court denied without a hearing.
- This court previously affirmed Montgomery’s conviction, then remanded for a hearing on specified Rule 37.1 claims.
- At the Rule 37.1 hearing, Montgomery challenged trial counsel Mark Rees for failing to object to witnesses’ testimony that allegedly bolstered K.M.’s credibility and to testimony about behaviors of child sexual-abuse victims.
- The circuit court rejected the ineffective-assistance claims as trial strategy; this Court reversed in part and ordered a new trial on the credibility-related issue.
- The Supreme Court of Arkansas reversed and remanded, holding Montgomery is entitled to a new trial because of trial-counsel deficiency related to admissible opinions on K.M.’s credibility.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to object to credibility testimony | Montgomery | Rees—trial strategy/limited objections | Prejudicial impact shown; remand for new trial |
| Prejudice under Strickland from failure to object to opinion evidence on credibility | Montgomery | Rees’s actions were strategic or misinterpreted ruling | Prejudice established; jury could have rendered differently |
Key Cases Cited
- Keck v. State, 2012 Ark. 145 (Ark. 2012) (opinion testimony on truthfulness generally inadmissible)
- Buford v. State, 368 Ark. 87, 243 S.W.3d 300 (Ark. 2006) (prohibits opinion evidence about witness credibility)
- Hill v. State, 337 Ark. 219, 988 S.W.2d 487 (Ark. 1999) (limits expert/witness testimony on credibility)
- Logan v. State, 299 Ark. 255, 773 S.W.2d 419 (Ark. 1989) (doctor-witness opinions implying victim credibility)
- Purdie v. State, 2010 Ark. App. 658, 379 S.W.3d 541 (Ark. App. 2010) (admissibility of testimony on victim credibility)
- Cox v. State, 93 Ark. App. 419, 220 S.W.3d 231 (Ark. App. 2005) (limits on testimony regarding credibility)