White v. State
426 S.W.3d 911
Ark.2013Background
- White was convicted of first-degree murder and sentenced as a habitual offender to life imprisonment, with a 15-year firearm enhancement under §16-89-120(a).
- White petitioned for postconviction relief under Rule 37 ARCrP alleging ineffective assistance of counsel and denial of his right to testify.
- Kiel, White’s trial attorney, allegedly changed trial strategy from justification to reasonable-doubt without White’s consultation and prevented White from testifying.
- The circuit court found Kiel’s action denied White’s right to testify but concluded there was no reasonable probability the outcome would differ if he had testified.
- The Arkansas Supreme Court affirmed the circuit court’s denial of postconviction relief, ruling White failed to show a reasonable probability of a different outcome; a dissent argued the prejudice standard was satisfied and that denial of the right to testify was reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did counsel’s denial of White’s right to testify violate Strickland and fundamental rights? | White | Kiel's decision to exclude testimony was trial strategy | Yes, White’s right to testify was violated |
| Was there a reasonable probability the outcome would differ if White testified or justification was pursued? | White would have testified and pursued justification | Testimony would not have changed outcome | No reasonable probability of a different outcome |
| Did the circuit court correctly assess Strickland prejudice and credibility deference? | Deference to credibility supports prejudice | No prejudice shown; credibility determinations upheld | Yes, no reversible prejudice established |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (Supreme Court 1984) (test for ineffective assistance of counsel requires deficient performance and prejudice)
- Sartin v. State, 400 S.W.3d 694 (Ark. 2012) (two-prong Strickland standard applied in Arkansas Rule 37 claims)
- State v. Estrada, 426 S.W.3d 405 (Ark. 2013) (credibility determinations reviewed; postconviction relief analysis context)
- Rock v. Arkansas, 483 U.S. 44 (Supreme Court 1987) (constitutional right to testify cannot be waived by counsel)
- Flores v. State, 85 S.W.3d 896 (Ark. 2002) (per se prejudice when trial counsel fails to object to appearance issues (shackles))