Winters v. State
2014 Ark. 399
| Ark. | 2014Background
- Winters convicted in a bifurcated trial of two counts capital murder and two counts aggravated robbery; sentences life without parole for murders and life for robberies, consecutive.
- Direct appeal on direct review affirmed; later filed pro se Rule 37.1 postconviction petition in trial court; petition denied and appealed to Arkansas Supreme Court.
- Bishops (victims) were mother and grandmother of accomplice Johansen; bodies found at Johansen property; deaths by strangulation.
- Appellant claims ineffective assistance of counsel under Strickland; petition denied by trial court and affirmed on appeal; claim deemed not proven.
- Rule 37.1 review focuses on whether counsel’s performance was deficient and whether prejudice affected the trial outcome; cumulative error not recognized in Rule 37.1 proceedings.
- Court dismisses appeal as moot since opinion shows no reasonable likelihood of reversal and extension motion moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Ineffective assistance of counsel standard | Winters arguing trial counsel failed Strickland | State contends no prejudice shown | No relief; petition denied |
| Merits of claimed failure to raise sufficiency of the evidence | Sufficiency defenses should have been raised | No meritorious grounds shown | Claim rejected; not cognizable for Rule 37.1 |
| Cumulative error in Rule 37.1 petition | Collective ineffective-assistance claims | Cumulative error not recognized in Rule 37.1 | Not grounds for relief |
| Arguments on pretrial statements and Miranda | Counsel should have challenged Miranda and coercion | No meritorious grounds established | Relief denied; no specific meritorious issue raised |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court, 1984) (two-prong test for ineffective assistance of counsel)
- Williams v. State, 2014 Ark. 70 (Ark. 2014) (appellate review of ineffective-assistance petitions; mootness on extension)
- Conley v. State, 2014 Ark. 172 (Ark. 2014) (prejudice standard in postconviction proceedings)
- Sartin v. State, 2012 Ark. 155 (Ark. 2012) (two-part Strickland standard and totality of the evidence)
- Holloway v. State, 2013 Ark. 140 (Ark. 2013) (prejudice showing required to prove ineffective assistance)
- Abernathy v. State, 2012 Ark. 59 (Ark. 2012) (standard for ineffective-assistance claims; need factual support)
- Green v. State, 2014 Ark. 284 (Ark. 2014) (necessity of factual substantiation in Rule 37.1 petitions)
- Bryant v. State, 2013 Ark. 305 (Ark. 2013) (prejudice and evidence standard in postconviction relief)
- Nelson v. State, 2014 Ark. 28 (Ark. 2014) (cumulative error not recognized in Rule 37.1)
- Rainer v. State, 2014 Ark. 306 (Ark. 2014) (reversible-error standard for appellate issues in Rule 37.1)
- Jeffries v. State, 2014 Ark. 239 (Ark. 2014) (sufficiency of evidence standard; directed-verdict considerations)