Douglas v. State (Majority, with Dissenting)
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The Supreme Court affirmed the decision of the circuit court denying Appellant’s petition for postconviction relief filed under Ark. R. Crim. P. 37, holding that the circuit court’s decision to deny the petition was not clearly erroneous.
Appellant was convicted of first-degree murder and possession of a firearm and was sentenced to a term of life imprisonment. Appellant’s convictions and sentences were affirmed. Appellant later filed a petition for postconviction relief under Rule 37, arguing, among other things, that his trial counsel was ineffective for failing to present proper jury instructions on extreme-emotional-disturbance manslaughter. On remand, the circuit court denied the petition without a hearing. The Supreme Court affirmed, holding that Appellant was not entitled to a jury instruction on extreme emotional disturbance, and therefore, Appellant was not entitled to postconviction relief.
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