Pigg v. State
2016 Ark. 108
| Ark. | 2016Background
- In 2013 Earl Delmar Pigg was convicted of eleven counts of rape of a child under 14 and one count of interference with custody; he received consecutive life sentences plus 120 months. Appellate court affirmed the convictions.
- Pigg filed a Rule 37.1 postconviction petition claiming ineffective assistance of counsel and other trial errors; an evidentiary hearing was held and the trial court denied relief.
- The trial evidence included victim A.S.’s testimony of a prolonged sexual relationship beginning at age 11–12, corroborating witness testimony (a younger sister, friends, and Pigg’s daughter), a ring and phone evidence, expert testimony of physical signs of abuse, and prior molestation testimony by Pigg’s niece.
- Pigg alleged multiple deficiencies by trial counsel: failure to pursue a rape-shield hearing (or admission), failure to investigate and call certain witnesses or develop an alternative defense theory, conspiracy between counsel and police/prosecution, failure to admit an erectile-dysfunction medical record at sentencing, and failure to suppress 404(b)/pedophile-exception evidence or move for mistrial.
- The trial court found counsel generally acted reasonably (some unsuccessful pretrial attempts were made), Pigg failed to show specific prejudicial omissions, and much of the proffered alternative evidence would have been inadmissible or cumulative. The court denied Rule 37 relief, and the Supreme Court of Arkansas affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial court failed to make adequate Rule 37.3 findings | Pigg: findings were conclusory and inadequate for appellate review | State: written findings were provided on the raised claims and adequate for review; omitted claims are procedurally barred if not ruled upon | Court: findings were adequate for issues addressed; appellant must obtain rulings on omitted claims or they are barred |
| Failure to investigate / call witnesses; alternative defense theory (victim fabricated charges) | Pigg: counsel did not investigate witnesses who could show victim motive to lie (retaliation for reporting a youth minister) | State: witnesses identified late, testimony would be hearsay/inadmissible, and existing evidence overwhelmingly corroborated victim | Court: no prejudice shown; overwhelming evidence of guilt made defense unlikely to change outcome |
| Conspiracy between counsel and police/prosecution | Pigg: alleged collusion at trial | State: counsel denied conspiracy; no evidence presented at hearing | Court: trial court credited counsel; Pigg failed to substantiate allegations; no clear error |
| Ineffective assistance at penalty phase (failure to admit medical record of ED) | Pigg: counsel should have admitted medical record to support mitigation | State: record was hearsay, counsel attempted admission and Pigg testified about ED; record would be cumulative and contradicted other testimony | Court: no meritorious argument shown to overcome hearsay; no prejudice established |
| Failure to suppress Rule 404(b) evidence and failure to move for a mistrial | Pigg: counsel should have moved in limine and suppressed 404(b)/pedophile-exception evidence; should have moved for mistrial after alleged juror contact | State: counsel did move unsuccessfully to exclude evidence; Pigg did not specify a viable argument; detective refuted juror-contact claim | Court: counsel not ineffective; no meritorious objection identified; trial court credited State's witness; no clear error |
Key Cases Cited
- Pigg v. State, 2014 Ark. 433, 444 S.W.3d 863 (affirming conviction and discussing admissibility under rape-shield)
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test)
- Magness v. State, 2015 Ark. 185, 461 S.W.3d 337 (trial-court findings requirement under Rule 37.3)
- Houghton v. State, 2015 Ark. 252, 464 S.W.3d 922 (standard of review for Rule 37 relief)
- Rasul v. State, 2015 Ark. 118, 458 S.W.3d 722 (application of Strickland in Arkansas Rule 37 proceedings)
- Fisher v. State, 364 Ark. 216, 217 S.W.3d 117 (procedural bar where appellant fails to obtain trial-court ruling on an issue)
- Wertz v. State, 2014 Ark. 240, 434 S.W.3d 895 (burden to show how further investigation would have changed outcome)
- Sims v. State, 2015 Ark. 363, 472 S.W.3d 107 (counsel not ineffective for failing to make meritless objections)