Turner v. State, 2016 Ark. 423

Turner was convicted in Faulkner County (23CR-12-921) of aggravated robbery and theft with a firearm enhancement and sentenced to life; this court affirmed on direct appeal.
Turner filed a timely pro se Rule 37.1 petition claiming ineffective assistance of counsel (failure to challenge identification, inadequate investigation/mitigation, failure to subpoena alibi witness Linda Neal) and that he was denied a fair trial (judge "aggravated" with him, all-white jury).
Trial evidence: a robber left a backpack containing a mouthwash bottle; store clerks identified Turner from color photographs and video; Turner’s DNA was found on the mouthwash bottle.
At the Rule 37.1 hearing Turner produced largely conclusory allegations; Neal did not testify at the hearing and Turner offered no affidavit or concrete proof of proposed alibi testimony.
The trial court denied relief for lack of factual support; on appeal the Supreme Court reviewed the denial under Strickland and the clearly erroneous standard for Rule 37.1 proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether counsel was ineffective for not mounting a constitutional challenge to victim identification	Turner: counsel should have raised a constitutional challenge to identification	State: Turner failed to identify a legal basis or facts for such a challenge; allegation is speculative	Denied — no factual basis shown; petitioner must identify grounds counsel could have raised
Whether the identifications were unreliable such that Rule 37.1 relief is available	Turner: eyewitness ID was uncertain and inherently suspect; sufficiency problem	State: sufficiency and credibility are direct-appeal issues, not cognizable in Rule 37.1	Denied — challenge to weight/sufficiency not cognizable in Rule 37.1; previously affirmed on direct appeal
Whether counsel failed to investigate/call alibi witness (Linda Neal)	Turner: counsel did not subpoena or call Neal, who could have provided an alibi	State: counsel attempted to notify Neal; decision not to call her was tactical; Turner produced no proof Neal would testify or corroborate alibi	Denied — conclusory; no evidence Neal would have aided defense; tactical decision supported by record
Whether counsel failed to develop mitigation evidence	Turner: counsel did not secure mitigation materials/witnesses	State: allegations are conclusory; petitioner must name witnesses and proffer admissible mitigation evidence	Denied — Turner failed to identify specific mitigation witnesses or admissible testimony

Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-prong test)
Wainwright v. State, 307 Ark. 569 (presumption counsel effective; must identify specific acts/omissions)
Henington v. State, 2012 Ark. 181 (totality of evidence and presumption of reasonable professional judgment)
Howard v. State, 367 Ark. 18 (prejudice may include sentencing; outcome includes sentencing)
Sparkman v. State, 373 Ark. 45 (standard of review for ineffective-assistance claims)
Turner v. State, 2014 Ark. 415 (direct-appeal decision affirming sufficiency of evidence)