504 S.W.3d 595
Ark.2016Background
- Todd Aaron Smith was convicted in Miller County of raping a young girl (J.C.) and sentenced to 40 years; conviction was affirmed on direct appeal.
- After direct appeal, Smith filed a Rule 37.1 petition alleging ineffective assistance of trial counsel on several grounds; the circuit court denied relief after a hearing.
- Allegations arose from three young girls (J.C., Gr.C., Ga.C.) who disclosed sexual contact by Smith to a sexual-assault nurse, a forensic interviewer, and others; only J.C. was charged in this prosecution.
- At trial, the State introduced hearsay statements made to the nurse, the forensic interviewer, and the investigating officer; testimony also included allegations of sexual contact with other minors (uncharged conduct).
- Smith contended his counsel was ineffective for (1) failing to object to hearsay/uncharged-conduct testimony, (2) failing to seek a mistrial when a juror allegedly slept, and (3) failing to call witnesses or otherwise impeach the victims’ credibility.
- The circuit court found counsel’s conduct to be either reasonable trial strategy, nonprejudicial (cumulative or admissible under exceptions), or unsupported by credible proof; the Supreme Court of Arkansas affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to object to hearsay and testimony about uncharged sexual acts | Counsel should have objected to admission of victims’ out-of-court statements and testimony about other children; admission was hearsay/impermissible propensity evidence | Statements fell within hearsay exceptions (medical-treatment) or were admissible under the pedophile exception to Rule 404(b); much testimony was cumulative; counsel’s choices were tactical | Court held counsel not ineffective: statements admissible or cumulative; admission fit medical-treatment exception and pedophile exception; tactical decision supported |
| Failure to move for mistrial over sleeping juror | Counsel was informed juror(s) slept and should have objected/moved for mistrial | Counsel denied independent recollection of being informed; circuit court credited counsel’s testimony and found no proof juror misconduct affected trial | Court held counsel not ineffective; credibility finding for trial court upheld; no reversible error shown |
| Failure to call witnesses / impeach victims | Counsel failed to contact or call suggested witnesses who could undermine victims’ credibility and highlight inconsistencies | Trial court found no credible proof counsel was provided reliable contact information; counsel pursued a strategy of limited impeachment by eliciting inconsistencies at trial | Court held counsel not ineffective: factual credibility determinations supported trial court and strategy is within counsel’s professional judgment |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance standard: deficient performance and prejudice)
- Watkins v. State, 2010 Ark. 156 (2010) (petitioner must show reasonable probability verdict would differ absent counsel’s errors)
- Sparkman v. State, 373 Ark. 45 (2008) (definition of reasonable probability undermining confidence in outcome)
- Walker v. State, 367 Ark. 523 (2006) (Strickland application in Arkansas)
- Williams v. State, 2011 Ark. 489 (2011) (trial tactics and strategy not grounds for relief even if imperfect)
- Hawkins v. State, 348 Ark. 384 (2002) (medical-treatment hearsay exception applied to child abuse statements)
- Stallnacker v. State, 19 Ark. App. 9 (Ark. App. 1986) (statements to medical personnel admissible under medical-treatment exception)
- Flanery v. State, 362 Ark. 311 (2005) (pedophile exception to Rule 404(b))
- Parish v. State, 357 Ark. 260 (2004) (definition and scope of "intimate relationship" for pedophile exception)
- Weber v. State, 326 Ark. 564 (1996) (admission of similar-act testimony and cumulative-evidence principles)
- Edison v. State, 2015 Ark. 376 (2015) (cumulative testimony does not create prejudice requiring relief)