Williams v. State, 2011 Ark. 489

Williams was convicted of first-degree murder, possession of drug paraphernalia, and possession of marijuana, with concurrent sentences totaling from 1 to 40 years, in March 2007.
The factual backdrop involves a January 9, 2006 incident at Marvin Perkins’s Conway apartment where Perkins, Williams, and others were present; Williams helped beat Heath Rodgers with a gun after an escalating confrontation.
Perkins pled guilty earlier to several charges, including second-degree murder, and testified against Williams at Williams’s trial.
Williams filed a Rule 37.1 postconviction petition on December 5, 2008 asserting ineffective assistance of counsel and misadvice about testifying, among other claims.
A Rule 87 hearing occurred September 29, 2010, with testimony from Williams, his family, and counsel, and the trial court denied relief on Rule 37 grounds on November 18, 2010.
The Arkansas Supreme Court affirmed, applying the Strickland standard and holding trial counsel’s decisions about calling witnesses and advising on testifying were trial strategy, not ineffective assistance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was trial counsel ineffective for not calling certain witnesses?	Williams argues witnesses admitted Perkins’s sole involvement; more witnesses would help.	Counsel weighed usefulness, credibility, and potential harm; decisions were strategic and not deficient.	No error; decisions about witnesses were trial strategy and not ineffective assistance.
Did counsel misadvise Williams about testifying and was the waiver on the record required?	Counsel advised not to testify; Williams claims he would have testified but for misadvice and a missing on-record waiver.	Right to testify is personal; decisions to testify are strategic; no requirement to record a waiver under current law.	No defective representation; no automatic on-record waiver requirement; rule 37 relief denied.

Gaye v. State, 307 S.W.3d 1 (Ark. 2009) (two-prong Strickland standard; totality of evidence)
Montgomery v. State, 385 S.W.3d 189 (Ark. 2011) (clear-error standard for postconviction findings)
Dansby v. State, 66 S.W.3d 585 (Ark. 2002) (prejudice requirement under Strickland; strategy emphasis)
Chenowith v. State, 19 S.W.3d 612 (Ark. 2000) (defendant's right to testify; strategic decisions)
Noel v. State, 26 S.W.3d 123 (Ark. 2000) (trial strategy; witness decisions deferred to counsel)
Coulter v. State, 31 S.W.3d 826 (Ark. 2000) (cumulative testimony and non-vital witnesses)
Helton v. State, 924 S.W.2d 239 (Ark. 1996) (credibility considerations in witness evaluation)