Williams v. State
2013 Ark. 375
Ark.2013Background
- Akin O. Williams was convicted by a jury in 2010 of rape and sentenced to 720 months; the Arkansas Court of Appeals affirmed the conviction.
- Williams filed a timely, verified pro se Rule 37.1 petition for postconviction relief in the Hempstead County Circuit Court.
- The trial court denied the Rule 37.1 petition; Williams appealed to the Arkansas Supreme Court.
- On appeal Williams limited his arguments to ineffective assistance of counsel regarding counsel’s failure to object to the chain of custody of vaginal swabs.
- The chain-of-custody objection was not raised in the Rule 37.1 petition, so the trial court never considered it; Williams also appeared to challenge the sufficiency of the evidence.
- The Supreme Court treated issues not raised on appeal as abandoned and explained that Rule 37.1 is not a vehicle to attack the weight of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance for failure to object to chain of custody | Williams: trial counsel was ineffective for not objecting to chain-of-custody of vaginal swabs | State: claim was not raised in the Rule 37.1 petition, so trial court never ruled on it | Not addressed on merits — claim was not preserved in the Rule 37.1 petition and may not be raised for the first time on appeal |
| Sufficiency/weight of the evidence | Williams (arguably): evidence and chain-of-custody issues undermine the conviction | State: Rule 37.1 does not permit attacking the weight of the evidence | Denied — Rule 37.1 is not a vehicle to challenge the weight of the evidence |
Key Cases Cited
- Pankau v. State, 2013 Ark. 162 (appellate review standard for Rule 37 decisions)
- Banks v. State, 2013 Ark. 147 (appellate review standard for Rule 37 decisions)
- Sartin v. State, 2012 Ark. 155 (400 S.W.3d 694) (definition of "clearly erroneous")
- Hayes v. State, 2011 Ark. 327 (issues not raised on appeal are considered abandoned)
- Hogan v. State, 2013 Ark. 223 (issues raised first on appeal cannot reverse a trial court order)
- Tornavacca v. State, 2012 Ark. 224 (issues not preserved below not reviewable on appeal)
- Norris v. State, 2013 Ark. 205 (Rule 37.1 does not permit attacking the weight of the evidence)
- Pride v. State, 285 Ark. 89 (684 S.W.2d 819) (Rule 37.1 not a means to attack sufficiency/weight of evidence)